IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 25490 of 2010(I) -------------------------- PETITIONER(S): --------------------- BIJI GEORGE, D/O.BABYKUTTY, THANNIVILA PADINJATTATHIL, KARUKONE P.O., PUTHAYAM, PATHANAPURAM TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL SMT.P.SHYAMA RESPONDENT(S): ------------------------ 1. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, PUNALUR-691305. 2. FOREST RANGE OFFICER, ANCHAL FOREST RANGE OFFICE, ANCHAL, PATHANAPURAM TALUK-691306. SPL.GOVT.PLEADER SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 25490 OF 2010 (I) ===================== Dated this the 30th day of August, 2010 J U D G M E N T Petitioner is the registered owner of Goods Carriage vehicle bearing Regn.No.KL-25 9305. The said vehicle has been seized on the allegation that it is involved in OR No.24/10. Confiscation proceedings under Section 61A of the Forest Act is pending. In the meanwhile, seeking release of the vehicle, this writ petition has been filed. 2. I heard the learned Government Pleader appearing for the respondents, who submits that the vehicle was seized on the allegation that it was used for transportation of rose wood from the patta land. It is also stated that the confiscation proceedings are yet to be completed, and that, expeditious action will be taken for completing the proceedings. 3. As at present, confiscation proceedings are only pending. Therefore, pending finalisation of the proceedings, I see no reason why the vehicle shall be kept under detention exposing the same to sun and rain. On account of the above, it is only appropriate that the vehicle should be released to the petitioner WPC No. 25490/10 :2 : on sufficient conditions imposed to safeguard the interest of the respondents as well. 4. Taking into account all the above, the writ petition is disposed of with the following directions; (1) That the 1st respondent shall get the vehicle, of which the petitioner is stated to be the registered owner, valued by a competent officer of the Motor Vehicles Department. This shall be done at any rate within 2 weeks of production of a copy of this judgment. (2) Once valuation is completed and certificate is obtained, if the petitioner remits the value of the vehicle, the vehicle will be released to the petitioner with an endorsement on the RC about the pendency of the proceedings. (3) The petitioner shall also undertake before the respondents to produce the vehicle as and when called for and also not to alienate or encumber the vehicle in any manner until otherwise ordered. ANTONY DOMINIC, JUDGE Rp