IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17013 of 2011(B) -------------------------- PETITIONER(S): ----------------------- V.S.BIJU, S/O.CHELAPPAN, THERUVATHIL HOUSE, KANAMALA P.O., KALAKETTY AZHUTHA, PIN-686 510. BY ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE SRI.M.G.ANON SRI.M.A.ABDUL HAKHIM RESPONDENT(S): ------------------------- 1. FOREST RANGE OFFICER, PAMPA, KANAMALA P.O., PIN-686 510. 2. RANGE OFFICER, FLYING SQUAD, MUNDAKAYAM EAST, PIN-686 513. 3. DIVISIONAL FOREST OFFICER, PEERUMEDU, PIN-685 531. GOVT.PLEADER SRI.SANTHOSH P.N. SRI.M.P.PRAKASH, SPL. GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17013/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE DATED ISSUED BY THE VILLAGE OFFICER, ERUMELI SOUTH VILLAGE. EXT.P2: A PHOTOSTAT COPY OF THE COMPLAINT IN OR NO.4/2011. EXT.P3: A PHOTOSTAT COPY OF THE SEIZURE MAHAZAR IN OR NO.4/2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 17013 OF 2011 (B) ===================== Dated this the 24th day of June, 2011 J U D G M E N T The prayers sought in the writ petition are the following:- i. issue a writ of mandamus or such other writ, order or direction compelling the respondents not to arrest the petitioner or his driver Sri.Sojimon and not to seize the Pickup Van No.KL.5V2881 of the petitioner in O.R.No.4/2011 on the file of the Judicial Magistrate of the 1st Class, Kanjirappilly. ii. direct the respondent not to implicate the petitioner or his driver Sri.Sojimon and not take into custody Pickup Van No.KL.5V2881 in O.R.No.4/2011 of the Judicial Magistrate of the 1st Class, Kanjirappilly. 2. The case of the petitioner is that he is the owner of a pick up van bearing Regn.No.KL-5 V 2881. It is stated that the 1st respondent registered OR No.4/2011 alleging offences under Section 27(1)(e)(iii) of the Kerala Forest Act against Sri.K.C.Abraham @ Kunjumon on the allegation that he cut and removed an anjily tree from the land in his possession and that the said anjili tree was transported to the saw mill using the pick up van belonging to the petitioner. On the basis of the above, proceedings have been initiated and though the petitioner is not an accused in the case, he apprehends arrest. It is in this WPC No. 17013/11 :2 : background the writ petition has been filed with the prayers mentioned above. 3. Learned senior counsel appearing for the petitioner made extensive reference to Exts.P1, P2 and P3 and also the stump mahazar prepared by the respondents and contended that the tree was not extracted from reserve forest to attract the provisions of Section 27 of the Kerala Forest Act. On this basis, learned senior counsel sought the reliefs in the writ petition. 4. However, learned Government Pleader on instruction submits that the land has been given to Sri.K.C.Abraham under the grow more food scheme and that the said Abraham does not have title over the land or any ownership over any timber. It is stated that the said timber was illegally extracted and transported in the vehicle of the petitioner, which resulted in the registration of OR 4/2011. 5. Evidently the proceedings based on the registration of OR No.4/2011 are pending before the Judicial Magistrate of First Class, Kanjirappilly. In the nature of the relief that is sought for, petitioner has to seek his remedies by resorting to proceedings WPC No. 17013/11 :3 : under the provisions of the Cr.P.C and not by way of a proceedings under Article 226 of the Constitution of India. Therefore, without prejudice to the rights so available to the petitioner and with liberty to seek such remedies, this writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp