IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WA.No. 552 of 2010 -------------------------- AGAINST JUDGMENT IN WP(C) NO.36157/2009 DATED 30.1.2010 APPELLANT/PETITIONER ------------------------------------ JOSE ABRAHAM, S/O.ABRAHAM, VADAKKEKKARA VEEDU, VAZHAKULAM, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.K.BALACHANDRAN (PN) RESPONDENTS/RESPONDENTS -------------------------------------------- 1. THE CIRCLE INSPECTOR, CRIME BRANCH CID, KOZHIKODE. 2. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD DIVISION, WAYANAD DISTRICT. 3. THE FOREST RANGE OFFICER, BEGUR FOREST RANGE, MANANTHAVADY. BY SPECIAL GOVERNMENT PLEADER SRI.P.M.PAULOSE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & C.N.Ramachandran Nair, J. ------------------------------------------ W.A. No.552 of 2010 ------------------------------------------ Dated this the 5th day of April, 2010 JUDGMENT C.N.Ramachandran Nair, J. Writ petitioner is the appellant. He has filed this writ appeal for a direction to the second respondent Divisional Forest Officer to release the vehicle bearing Registration No.KL7/T7254 pending adjudication. 2. Admittedly, the vehicle is seized by the Forest Department on an alleged forest offence, inasmuch as three consignments of Eucalyptus Billets sent to the Government Company Hindustan Newsprint Limited, never reached there. 3. In any case, we do not think we should consider the merits of the case at this stage, because the adjudication is said to be pending before the forest officials. Since the adjudication has to be completed under Section 61A of the Kerala Forest Act, we dispose W.A. No.552 of 2010 . - 2 - of the writ appeal by directing the forest officials to complete the adjudication within a period of two months from the date of receipt of a copy of this judgment. Appellant is necessarily to be heard in the matter because he claims to be the owner of the truck even though he is not the registered owner. It is for the appellant to establish his case before the forest officials in adjudication proceedings. Writ appeal is disposed of as above. J.Chelameswar, Chief Justice C.N.Ramachandran Nair, Judge vns