Disposed

George P.J. v. the Divisional Forest Officer and Anothe

Kerala HC14 Oct 2008WP(C)/22528/2008

Case brief

AI extract

What is this about?

The court disposed of a writ petition regarding the detention of a vehicle alleged to be involved in a forest offence. The petitioner sought release of the vehicle. The court directed the first respondent to complete ongoing confiscation proceedings within three months; otherwise, the vehicle must be released subject to a bond.

What did the court decide?

First respondent directed to complete confiscation proceedings within three months; failure requires vehicle release subject to a bond.

George P.J. Vs the Divisional Forest Officer… — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930

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WP(C).No. 22528 of 2008(F)

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PETITIONER:

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GEORGE P.J.,S/O JOSEPH, AGED 44 YEARS, PEPPATHIYIL HOUSE, ALATTIL P.O., THALAPUZHA, MANANTHAVADY, WAYANAD.

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BY ADV. SMT.VIDHYA. A.C SRI.A.C.VENUGOPAL

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RESPONDENTS:

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1. THE DIVISIONAL FOREST OFFICER,WAYANAD.

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2. FOREST RANGE OFFICER, VARAYAL FOREST RANGE.

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BY GOVERNMENT PLEADER SRI.RENJITH THAMBAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO. 22528/2008-F

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE CERTIFICATE OF REGISTRATION OF MAHINDRA VAN NO. KL-13/6315.

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EXT.P2: COPY OF THE GOODS CARRIAGE PERMIT NO.P.G.d C1/53/05/W ISSUED BY REGIONAL TRANSPORT AUTHORITY.

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EXT.P3: COPY OF THE SECENE MAHAZAR PREPARED BY DEPUTY RANGER, VARAYAL.

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EXT.P4: COPY OF THE PETITION DATED 12/06/08 OF THE PETITIONER TO THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

Rs/

V.GIRI,J.

W.P ( C) No. 22528 of 2008

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Dated this the 14^th October, 2008

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J U D G M E N T

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The vehicle belonging to the petitioner was taken into custody by the 2^nd respondent on the ground that it is involved in a forest offence. It is the case of the petitioner that vehicle was in a workshop for body painting and other maintenance work. Exhibit P4 application was submitted before the 1^st respondent for release of the vehicle. But since the vehicle has not been released, this writ petition has been filed seeking appropriate reliefs.

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Learned Government Pleader, on instructions, submits that confiscation proceedings under the Forest Act have been initiated.

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Having heard the learned counsel on both sides, I am of the view that confiscation proceedings must be completed at the earliest.

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Accordingly, the writ petition is disposed of

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W.P ( C) No. 22528 of 2008

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directing the 1^st respondent to complete the confiscation proceedings initiated and pending in relation to the vehicle claimed by the petitioner bearing registration No.KL 13/6315 taken into custody as per Exhibit P3 mahazar, as early as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. If proceedings are not completed within the aforementioned time limit, the vehicle shall be released to the petitioner on the petitioner executing a bond undertaking to produce the same and also subject to any other conditions for maintenance of the vehicle as deemed fit and proper by the 1^st respondent.

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(V.GIRI,JUDGE)

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W.P ( C) No. 22528 of 2008

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W.P ( C) No. 22528 of 2008

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George P.J. v. the Divisional Forest Officer and Anothe

Case brief

What is this about?

What did the court decide?

George P.J. v. the Divisional Forest Officer and Anothe

Case brief

What is this about?

What did the court decide?

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