IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35099 of 2010(J) -------------------------------------- PETITIONER(S): ----------------------- ASHARAF ALI, S/O.ABDUL RASHEED, VADAKKUMTHODI HOUSE, ANJUMURTHY (PO), ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): ------------------------- 1. DIVISIONAL FOREST OFFICE, NENMARA, PALAKKAD. 678 001 2. THE FOREST RANGE OFFICER, ALATHUR RANGE, ANAKKAPPARA, PALAKKAD DISTRICT. 678 001 R1 & R2 BY GOVERNMENT PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 35099 OF 2010 ===================== Dated this the 1st day of December, 2010 J U D G M E N T Petitioner approached this Court challenging Ext.P6, proposing auction of a tempo van bearing Regn.No.KL-04 S 3032, which is involved in OR 21/2010 of Alathur Forest Range. It is now disclosed that petitioner had approached the Judicial First Class Magistrate Court, Alathur by making an application under Section 451 of the Cr.P.C and that by order dated 26/11/2010, the said application has been rejected. 2. Now that the application is rejected by the Court, the remedy of the petitioner is to pursue his remedies under the Code itself. Therefore, with that liberty, the writ petition is closed. 3. Both parties now submit that the auction scheduled as per Ext.P6 did not materialize and that a fresh auction has to be scheduled. It is directed that if any fresh auction is so scheduled, notice will also be issued to the petitioner. Petitioner to produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp