IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 3770 of 2008(W) ------------------------- PETITIONER: ------------ 1. RAJAN, S/O.NARAYANAN, NELLIKKAL HOUSE CHITTANDA, ERUMAPETTY, THRISSUR. 2. JAISON, S/O.VARGHESE, CHEMMANNUR HOUSE MANGAD DESOM, KOTTAPURAM VILLAGE TALAPPILLY TALUK. BY ADV. SRI.M.V.JOY SMT.P.R.REENA RESPONDENTS: ------------- 1. THE DIVISIONAL FOREST OFFICER THRISSUR. 2. FOREST RANGE OFFICER, FOREST RANGE VADAKKANCHERY BY SPECIAL GOVERNMENT PLEADER SRI RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 3770 of 2008 ------------------------------------- Dated: February 6, 2008 JUDGMENT The 1st petitioner claims to be the owner of a jeep bearing registration No.KLM 8925 and the 2nd petitioner claims to be the owner of a mini door autorickshaw bearing registration No.KL 8 Y 7032. It is stated that on the allegation that these vehicles were involved in certain forest offences, OR No.7/2007 was registered and that in connection with the said case, these vehicles have been detained by the respondents since 9.12.2007 and that those are lying exposed to sun and rain. On this basis the petitioners seek release of those vehicles pending finalisation of the proceedings under sec.61A of the Forest Act. 2. According to the learned Government Pleader, confiscation proceedings under sec.61A of the Forest Act have already been started by the 1st respondent and that the same will be completed expeditiously. Be that as it may, I do not think that pending finalisation of the confiscation proceedings, it is necessary to retain WP(C) 3770/08 Page numbers the vehicles exposing them to sun and rain and causing damages to the petitioners. 3. Therefore, I direct that the 1st respondent shall get the value of the vehicles assessed through a competent officer of the Motor Vehicles Tax Department and on the registered owners furnishing bank guarantee for the value so assessed, the aforesaid vehicles will be released to them. While releasing the vehicles to the petitioners, the 1st respondent will also be at liberty to obtain such other undertakings for the production of the vehicles and its proper upkeep pending finalisation of the adjudication proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-