NINAN VARGHESE Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THE issue raised in this writ petition is regarding the steps taken by the respondents for disposal of Mahindra Jeep bearing Regn.No.KL-06-B 8331. Petitioner claims to be the registered owner of the said vehicle. According to the petitioner, on 22/1/2010, the forest officials of the Udumal Petta Forest Range seized the vehicle and Ext.P2 is the mahazar. It is stated that proceedings under Section 61B of the Forest Act are pending and meanwhile he came to know that respondents have initiated steps for disposal of the vehicle. This writ petition was filed at that stage contending that since confiscation proceedings are still not pending, proceedings for the disposal of the vehicle are premature and therefore should not be proceeded at.

(2.) LEARNED Government Pleader, who has obtained instructions in the matter submits that the vehicle originally belonged to one Shibu. It is stated that OR No.21/05 of the Kandalloor Forestation was booked in respect of the vehicle for transportation of illicit sandal wood timber. It is stated that, while so, the previous owner approached this Court and filed WP(C) No.31447/06, and that, pursuant to the orders passed by this Court, he was given interim custody of the vehicle on furnishing bank guarantee for the value of the vehicle and also furnishing a bond not to alienate or encumber the vehicle until the proceedings are pending. It is stated that, while proceedings were pending against the vehicle, the vehicle appears to have been sold to the petitioner.

(3.) THEREFORE, while I accept the contention of the learned counsel for the petitioner that since confiscation proceedings pursuant to the seizure of the vehicle on 22/1/2010 is remaining inconclusive, and therefore, the steps taken for disposal of the vehicle is premature, I give liberty to the respondents to proceed for disposal of the vehicle or to realise its value if the order of confiscation passed in pursuant to the OR No.21/05 has become final. Writ petition is disposed of with the above clarification.