IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 WP(C).No. 12356 of 2009(L) -------------------------- PETITIONER(S): --------------- LALU, S/O. BABU, VATTAVAYALIL VETTIL, PIOUS NAGAR, KANTHALOOR, IDUKKI DIST. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. DIVISIONAL FOREST OFFICER, MARAYOOR, IDUKKI DIST. 2. FOREST RANGE OFFICER, MARAYOOR FOREST RANGE FOREST STATION, MARAYOOR, IDUKKKI DIST. 3. STATE OF KERALA REP. BY SECRETARY TO FOREST AND WILD LIFE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO.12356 OF 2009 () ===================== Dated this the 15th day of April, 2009 J U D G M E N T Petitioner claims to be the owner of the vehicle bearing registration No.KL-5E -234. This vehicle is involved in O.R.No.6/07.Pending adjudication, petitioner submits that he filed Ext.P4 application for release of the vehicle. Orders have not been passed on Ext.P4. While so he was issued Ext.P5, informing that the steps are being taken for disposal of the vehicle. It is in this background the writ petition has been filed., 2. The question as to whether the vehicle is liable for confiscation is a matter pending adjudication. At this stage, I feel, it is premature for the respondents to take steps for disposal of the vehicle. 3. Since confiscation proceedings are not over, I dispose of this writ petition directing the first respondent to consider Ext.P4 application made by the petitioner for interim custody of the vehicle and pass orders thereon. This shall be done as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. It is clarified that in WPC.N0.12356/09 :2 : case the first respondent feels that the vehicle can be released to the petitioner pending conclusion of the proceedings, it will be open to the first respondent to impose such conditions as he deems fit. It is also directed that, until a decision is taken further proceedings pursuant to Ext.P5 for disposal of the vehicle shall be kept in abeyance. Petitioner shall produce a copy of the judgment before the Ist respondent for compliance. ANTONY DOMINIC, JUDGE vi