IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WA.No. 575 of 2011 -------------------- AGAINST THE ORDER IN WPC.11614/2011 Dated 29/04/2011 .................... APPELLANTS/RESPONDENTS IN W.P.(C): --------------------------------------------- 1. THE DIVISIONAL FOREST OFFICER, MANNARKKAD DIVISION. 2. THE FOREST RANGE OFFICER, MANNARKKAD. 3. THE DEPUTY RANGER, PALAKKAYAM FOREST STATION, KANJIRAPUZHA.P.O, PALAKKAD. BY SPL. GOVERNMENT PLEADER(FOREST), SRI.M.P. PRAKASH RESPONDENT/PETITIONER IN W.P.(C): ------------------------------------------- P.MADHAVAN, PADINJAREKARA HOUSE, KANJIRAPUZHA.P.O, MANNARKKAD - 678 591. BY ADV. SRI.M.R.ANISON SMT.K.P.GEETHA MANI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 575 of 2011 APPENDIX APPELLANTS' EXHIBITS: ANNEXURE-I : TRUE COPY OF DECISION OF THE DIVISION BENCH IN MACA NO.1458/06. ANNEXURE-II : TRUE COPY OF CIRCULAR NO.89584/G3/08/HOME DATED 5.1.2009. ANNEXURE-III : TRUE COPY OF RELEASE ORDER NO.631/11 DT. 10.05.2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKKAD. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 575 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2011 JUDGMENT J.Chelameswar, C.J. This is an appeal by the Divisional Forest Officer, Mannarkkad and others aggrieved by a common judgment dated 29.04.2011 in Crl.M.C. No.1045 of 2011 and W.P.(C) No.11614 of 2011. 2. The sole respondent claims to be a registered owner of a goods autorickshaw bearing registration No.KL-9/W 1405. The said vehicle was seized in connection with an incident of alleged illicit transportation of certain forest produce. Therefore, the appellants initiated proceedings under Section 61A of the Kerala Forest Act, which provides for seizure and the eventual confiscation of forest produces against which a forest offence is believed to have been committed along with the vehicle which is used for the commission of the offence. The vehicle, on such a seizure, was produced before the Judicial First Class Magistrate, Mannarkkad by the appellants. W.A. No. 575 of 2011 -:2:- 3. Thereafter, the respondent herein moved an application praying for the interim release of the vehicle during the pendency of the confiscation proceedings under the Forest Act. By an order dated 26.02.2011, the learned Magistrate directed that the interim custody of the vehicle be given to the respondent herein on condition that the respondent executes a bond for Rs.1,50,000/- with two solvent sureties and certain other conditions (the details of which may not be necessary for the present purpose). Aggrieved by the same, the appellants herein approached this Court by filing Crl.M.C No. 1045 of 2011 on various grounds. 4. In the meanwhile, an order marked as Ext.P7 in W.P.(C) No.11614 of 2011 came to be passed by the first appellant informing the respondent as follows: “As per the reference letter, the vehicle No. KL- 9/W 1405 belonging to you which has been taken into Government custody under section 52(1) of the Forest Act for involvement in OR 1/11 PFS, has been valued at Rs.85,000/-. You may seek release of the vehicle by remitting the amount as forest deposit. For the said purpose a Chelan having validity till 10.04.011 is enclosed herewith. You are hereby informed that in case you do not seek release of the vehicle after depositing the amount before the date mentioned, the vehicle will be sold in public auction, without further notice.” W.A. No. 575 of 2011 -:3:- 5. Challenging the said order, the respondent herein filed the abovementioned writ petition. Both the matters were heard and disposed of by a common judgment which is the subject matter of the instant appeal. 6. When the matter is taken up today it is brought to the notice of this Court that during the pendency of the instant appeal a final order under Section 61A of the Forest Act came to be passed on 22.06.2011. In the circumstances, we are of the opinion that an adjudication of the issues arising in the instant appeal becomes an academic exercise in so far as the respondent is concerned. Therefore, we deem it appropriate to close the writ appeal at this stage. The learned counsel for the respondent submits that the respondent is entitled to prefer an appeal against the abovementioned order of confiscation under Section 61D of the Kerala Forest Act, therefore, the right of the respondent to prefer such an appeal may be preserved with liberty also to seek appropriate interim orders regarding the custody of the vehicle during the pendency of the appeal. 7. On the other hand, the learned Special Government Pleader(Forest) submits that certain observations, W.A. No. 575 of 2011 -:4:- made at paragraph 4 of the judgment under appeal, are not justified in view of the fact that the appellants brought to the notice of the learned Single Judge a judgment of the Supreme Court reported in State of Karnataka v. K. Krishnan [(2000) 7 SCC 80] dealing with the conditions subject to which the vehicles allegedly involved in a commission of forest offence are to be released if at all by a judicial order. In the circumstances, the appeal is closed with liberty to the respondent as prayed for. We also make it clear that the appellate authority would consider the application for interim custody of the vehicle, if any, to be made by the respondent in the light of the judgment of the Supreme Court in (2000) 7 SCC 80(supra). J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb