IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 28877 of 2008(K) -------------------------- PETITIONER(S): --------------- JAMES MATHEW, AGED 30 YEARS, S/O.MATHEW, "MANAPPURATH HOUSE", MANJAPPARAKARA, IDUKKI VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): --------------- 1. THE RANGE OFFICER, KANCHIYAR FOREST OFFICE, KANCHIYAR, AYYAPPANKOIL VILLAGE, KATTAPPANA, IDUKKI DISTRICT. 2. THE FOREST DIVISIONAL OFFICER (DFO), FOREST LAISONAL OFFICE, KOTTAYAM, KOTTAYAM DISTRICT. 3. SUBIN JACOB, S/O.JACOB, KUZHIKKAT HOUSE, THADIYANPADU KARA, IDUKKI VILLAGE, THODUPUZHA TALUK-IDUKKI DISTRICT. BY GP SRI.RENJITH THAMBAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28877/2008 -------------------- Dated this the 13th day of October, 2008 JUDGMENT Petitioner claims to have purchased a truck bearing registration No.KL6-D-7225 from the third respondent. Third respondent availed a hypothecation loan for the vehicle from the ICICI Bank. A driver was appointed by the petitioner for operating the said vehicle. On 13.3.2008, the vehicle was seized by the first respondent, the Range Officer at Thadiyanpadu on the premise that it is being used for transporting unauthorized timber. Ext.P2 is the seizure mahazer. Ext.P3 evidences the vehicle and the timber being taken into custody. Ext.P4 is the occurrence mahazer and Ext.P5 seizure report was filed by the first respondent before the jurisdictional First Class Magistrate. The grievance of the petitioner is that there is an undue delay in the completion of the proceedings for release of the vehicle. Hence the writ petition. W.P.(C).28877/2008 2 2. Mr.Renjith Thamban, the learned Special Government Pleader, submits that the confiscation proceedings are already underway, and the same shall be completed at the earliest. Submission is recorded. 3. In the result, writ petition is disposed of directing the second respondent to complete the confiscation proceedings relating to the vehicle bearing registration No. KL6-D-7225 arising from Exts.P2 to P4 as early as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs