IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 32894 of 2011(J) ----------------------------------------- PETITIONER(S): -------------------- -- MARGARET JOSE, W/O.JOSE, AGED 42 YEARS, KARAKKATTU HOUSE, KEEZHPALLY P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): ------------------------- 1. THE DIVISIONAL FOREST OFFICER, KANNUR -670005 2. THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, KOTTIYOOR, KANNUR DISTRICT- 670 005. BY SPL. GOVT. PLEADER SRI.JAMES KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32894/2011 APPENDIX PETITIONER(S) EXHIBITS P1:- COPY OF THE MAHAZAR IN O.R.NO.9/2011 OF KOTTIYOOR FOREST RANGE OFFICE. P2:- COPY OF THE MAHAZAR IN O.R.NO.10/2011 OF KOTTIYOOR FOREST RANGE OFFICE. P3:- COPY OF THE STATEMENT GIVEN BY THE 1ST ACCUSED DATED 8.10.2011 IN O.R.NO.9/2011 OF KOTTIYOOR FOREST RANGE. P4:- COPY OF THE STATEMENT DATED 3.11.2011 GIVEN BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P5:- COY OF THE APPLICATION DATED 9.11.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH SUPPORTING DOCUMENTS. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32894 of 2011 J ``````````````````````````````````````````````````````````` Dated this the 22nd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner says that she is the owner of tipper lorry bearing registration No.KL-13P-3945. The vehicle is involved in O.R.Nos.9/2011 and 10/2011, on the allegation of transportation of teak trees, which were illicitly extracted. Proceedings under Section 61A of the Kerala Forest Act, 1961 are pending and the petitioner sought release of the vehicle, pending finalisation of the proceedings. Orders were not passed. Therefore, this writ petition is filed. 2. I heard learned Government Pleader appearing for the respondents also. 3. From the allegations, it is obvious that the vehicle is liable to be proceeded against. But, however, question at this stage is whether the vehicle should be kept under detention until the finalisation of such proceedings, leaving it exposing to sun and rain. Having heard the submissions W.P.(C) No.32894/2011 : 2 : made by the respondents also, I am inclined to think that if the vehicle is released to the petitioner, no prejudice will be caused to the pending proceedings. 4. In that view of the matter, I direct that on the production of a copy of this judgment, the respondents will get the value of the vehicle assessed by a competent officer in the Motor Vehicles Department. On such assessment of the value, if the petitioner furnished Bank Guarantee for the same, the vehicle will be released to the petitioner, pending finalisation of the proceedings under the Forest Act. The process of valuation should be got completed within two weeks from the date of production of a copy of this judgment and orders as directed should be passed within one week thereafter. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/22/12 // True Copy // P.A. To Judge