SHAMEER.P.M. Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking to quash Ext.P5 auction notice in respect of the vehicle which was seized from the petitioner. The vehicle involved is a Lorry having registration No.KL-05-X-6336.

(2.) IN fact, this Court had rendered Ext.P4 judgment in a writ petition filed by the petitioner, earlier, wherein after recording the submission of the learned Government Pleader that the vehicle has already been sold, the prayer for release of the vehicle was rejected. Therein, this Court had also directed that the confiscation proceedings will have to be expedited and if the petitioner succeeds in the confiscation proceedings, then the amount collected by way of auction will have to be refunded back to the petitioner. Accordingly, a direction was issued to complete the confiscation proceedings within a period of three months after hearing the petitioner. It is thereafter on coming to know about the fresh auction notice Ext.P5, this writ petition is filed seeking for various reliefs.

(3.) ACCORDING to the respondents, the proceedings for auction have been taken in the light of the directions issued by a Division Bench of this Court in M.A.C.A.No.1458/2006 and the Circular issued by the Government in terms of the directions issued therein. It is also stated that in compliance with the direction therein to give an opportunity to the persons like the petitioner to get the vehicle released by offering true value, two letters were issued to the petitioner as per Annexures R1(f) and R1(g). Evidently, the petitioner has not deposited the amount also. Under these circumstances, auction proceedings have been initiated.