IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 37522 of 2010(M) ----------------------------------------- PETITIONER(S): ----------------------- KORMAN MUTHAN, SON OF MALON, VENNEKKODE COLONY, EDAVANNA (P.O), NILAMBUR TALUK, MALAPPURAM DISTRICT. PIN-679 329. BY ADV. SRI.R.RAJESH KORMATH RESPONDENT(S): --------------------------- 1. THE DEPUTY RANGE OFFICER, EDAKKODE FOREST STATION, OFFICE OF THE DEPUTY RANGE OFFICER, PULLIPADAM ODAIKKAL (P.O), NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN -676 542. 2. THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, OFFICE OF THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR (P.O), NILAMBUR, MALAPPURAM DISTRICT, PIN -679 329. R1 & R2 BY SPL. GOVT. PLEADER MR.P.M. POULOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010, ALONG WITH WP(C) NO. 37526 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ------------------------- W.P (C) Nos. 37522 and 37526 of 2010 -------------------------- Dated this the 17th December, 2010 J U D G M E N T The petitioner in W.P (C) No.37522 of 2010 submits that on 30.3.2010, 35 pieces of 'Vaka' trees were cut and removed from his property. It is stated that while the timber was being transported to a saw mill at Nilambur in lorry bearing registration No.KL-11-4369 belonging to the petitioner in W.P (C) No.37526 of 2010, the 1st respondent in these writ petitions seized the timber and the vehicle. 2. In W.P (C) No.37522/2010 what is sought for by the petitioner is the release of the timber on him furnishing sufficient security. 3. In W.P(C) No.37526 of 2010 the petitioner therein claiming to be the registered owner of the vehicle seeks release of the vehicle. There is also a further prayer in these writ petitions for an expeditious completion of the entire proceedings against the timber and the vehicle. 4. As far as the claim for temporary release of the timber is concerned, learned Government Pleader opposed the prayer and according to the learned Government W.P (C) Nos. 37522 and 37526 of 2010 2 Pleader, timber has to be put in auction and its disposal can only be done in the auction. 5. The learned counsel for the petitioner pleaded for release of the vehicle expressing his willingness to furnish security for the value as fixed by the officials. 6 Having regard to the submission made, I find merit in the contention raised by the learned Government Pleader against releasing the timber to the petitioner. Therefore I am not persuaded to direct the release of the timber pending finalisation of the proceedings against the petitioner in W.P. (C) No.37522 of 2010. 7. In so far as the vehicle involved is concerned, in my view, there is no reason why the vehicle should not be released pending finalisation of the proceedings.. This is all the more so for the reason that if the petitioner furnishes sufficient security and if the vehicle is released to the registered owner of the vehicle there cannot be any prejudice caused to the department. 8. In that view of the matter in so far as W.P. (C). 37526 of 2010 is concerned, I direct that the 1st W.P (C) Nos. 37522 and 37526 of 2010 3 respondent will get the value of the vehicle assessed, if it is not already done, and release the same to the registered owner of the vehicle if he is willing to furnish a sufficient security for the value of the vehicle so assessed. It is also directed that the proceedings against the timber and the vehicle shall also be concluded with notice to the parties concerned, as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. In the result, writ petition will stand disposed of as above. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge