IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 13632 of 2008(W) -------------------------- PETITIONER: ------------ P.JAYAKUMAR, S/O.P.V.PAULOSE, AGED 42 YEARS, PUTHETHU HOUSE, OONNUKAL P.O., KUTTAMANGALAM VILLAGE, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.BALACHANDRAN (PN) RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE FOREST RANGE OFFICER, BEGUR FOREST RANGE, MANANTHAVADI, WAYANAD DISTRICT. 3. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD DIVISION, MANANTHAVADY, WAYANAD DISTRICT. BY SPECIAL GP (FORESTS), SRI. RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 13632 OF 2008 = = = = = = = = = = = = = Dated this the 23rd day of June, 2008. J U D G M E N T Petitioner's vehicles have been seized on allegations of commission of a forest offence using the said vehicle. Confiscation proceedings were initiated and this Court by Ext.P2 judgment, directed disposal of the confiscation proceedings expeditiously. The order passed pursuant to Ext.P2 was set aside by Ext.P4 judgment for want of compliance with proper procedure and the 3rd respondent was directed to pass fresh orders. Now Ext.P11 order has been passed wherein the 3rd respondent has ordered confiscation of the vehicle. One of the contentions raised by the petitioner is that petitioner has not been afforded an opportunity of being heard. He was issued with a notice under certificate of posting which was received by him only in the afternoon of the date of hearing. The petitioner also submits that Ext.P11 does not disclose existence of any evidence whatsoever linking the petitioner's vehicles with the alleged forest offence. W.P.(C).No. 13632 OF 2008 2 2. A counter affidavit has been filed supporting the order. I am not satisfied with Ext.P11 order. First of all, the statute itself provides a right of personal hearing to the petitioner. That being so, the 3rd respondent had a duty to issue a notice by registered post to the petitioner so as to see that he gets the notice of posting before the actual date of hearing itself. This has admittedly not been done. I am also not satisfied with the way the 3rd respondent has dealt with the matter in Ext.P11. 3. In the above circumstances, especially in view of the allegations against the 3rd respondent and the fact that despite two directions by this Court the 3rd respondent has not passed orders correctly, I am of opinion that this matter should he heard by an officer higher in rank to the 3rd respondent. Accordingly, Ext.P11 is quashed. The jurisdictional Conservator of Forests is directed to consider the matter afresh, after affording an opportunity of being heard to the petitioner. The Conservator shall hear the petitioner on 14.7.2008. The petitioner shall be present for the hearing on that date. The order thereof shall be passed within another two weeks. Pending passing final orders, W.P.(C).No. 13632 OF 2008 3 the vehicles belonging to the petitioner shall be released to the petitioner, on his furnishing bank guarantee for the value of the vehicles assessed by a competent officer of the Motor Vehicles Department. The petitioner shall informed of the value of the vehicles for which he is to furnish bank guarantee within two weeks from the date of production of a copy of this judgment and the vehicles shall be released immediately on furnishing the bank guarantee. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE bkn/-