IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 29152 of 2004(U) --------------------------------------- PETITIONER(S): ------------------------- BENNY KUNJUMON, S/O. KUNJUMON, THANNIVELIKUZHY, VALIYAVELLANADI, MUNDAKKAYAM P.O., DIST. KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENT(S): ---------------------------- 1. THE RANGE OFFICER, ERUMELI RANGE, FOREST STATION, MURINJAPUZHA, DIST. KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., FOREST DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. SPL. GOVERNMENT PLEADER(FORESTS) SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008 ALONG WITH CRMC NO. 2560 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. ===================== W.P.(C).No.29152 of 2004 - U and Crl.M.C.No.2560 of 2004 - D =============================== Dated this the 11th day of November, 2008. J U D G M E N T Petitioner in the writ petition and 1st respondent in Crl.M.C. are absent. No representation. Heard the learned Special Government Pleader. 2. Petitioner is the owner in possession of an autorikshaw bearing registration No.KL-5-M-5582. That autorikshaw was seized by the forest officials for allegedly being involved in a forest offence in O.R.No.20 of 2004 of Murinjapuzha Range. As per order dated 25.8.2004 on C.M.P.No.3360 of 2004, learned Judicial First Class Magistrate, Peerumade directed release of the vehicle to the petitioner and issued Ext.P5 official memorandum dated 1.9.2004, directing the Forest Range Officer, Murinjapuzha to release that vehicle to the petitioner. Alleging that the said direction was not complied with, petitioner approached this Court under Article 226 of the Constitution of India and prayed that the 1st respondent be directed to release the autorikshaw in terms of Ext.P5. W.P.(C).No.29152 of 2004 - U 2 3. It is submitted by the learned Special Government Pleader appearing for the 1st respondent that in the light of the interim order passed by this Court on 27.1.2005, interim custody of the vehicle has been given to the petitioner. It is also submitted by the Special Government Pleader that since the vehicle has been already released to the petitioner as per that order, this writ petition could be closed without prejudice to the right of the department to proceed with confiscation proceedings under Section 61A of the Kerala Forest Act. 4. In Crl.M.C.No.2560 of 2004, the State Government challenges the order of the learned Magistrate referred in para 2 above, which resulted in Ext.P5. It is submitted by learned Special Government Pleader that in the light of the interim order in W.P.(C).No.29152 of 2004, referred in para 3 above, this Crl.M.C could also be closed without prejudice to the right of the department to proceed under Section 61A as aforesaid. In the facts and circumstances, and in the light of the interim order passed by this Court as aforesaid, this writ petition and Crl.M.C are closed without prejudice to the right of the W.P.(C).No.29152 of 2004 - U 3 department in initiating and/or continuing proceedings under Section 61A of the Kerala Forest Act, if it is otherwise entitled to do so. THOMAS P. JOSEPH, JUDGE bkn/-