Disposed

Ninan Varghese v. Divisional Forest Officer

Kerala HC1 Feb 2011WP(C)/187/2011

Case brief

AI extract

What is this about?

Petitioner challenged disposal steps taken for a seized Jeep by forest officials. Court held that while disposal for the recent seizure is premature due to pending proceedings, respondents may proceed if the earlier confiscation order under OR No.21/05 has become final.

What did the court decide?

Petitioner given liberty; respondents allowed to proceed with disposal if the earlier confiscation order under OR No.21/05 has become final.

Ninan Varghese Vs Divisional Forest Officer — Property and Title | Kerala HC (2011)

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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 ANTONY DOMINIC

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TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932

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WP(C).No. 187 of 2011(W)

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PETITIONER(S):

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NINAN VARGHESE, S/O. VARHESE, MANGALATH HOUSE, SANTHARUVI, UDUMBANCHOLA P.O., IDUKKI DISTRICT.

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BY ADV. SRI.SOORAJ T.ELENJICKAL

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RESPONDENT(S):

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1. THE DIVISIONAL FOREST OFFICER, (SANDALWOOD DIVISION), MARAYOOR, IDUKKI PIN-685620.

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2. THE DEPUTY RANGER, VANNANTHURAI FOREST STATION, KANTHALLOOR FOREST RANGE, IDUKKI-686626.

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3. STATE OF KERALA THROUGH SECRETARY TO DEPARTMENT OF FOREST, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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SPL.GOVERNMENT PLEADER SRI.P.M.POULOSE FOR R1 TO 3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J. ================ W.P.(C) NO. 187 OF 2011

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=====================

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Dated this the 1^st day of February, 2011

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J U D G M E N T

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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.

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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

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WPC No. 187/11

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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.

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It is stated that, subsequently after transfer in favour of the petitioner, again the vehicle was seized by the Udumal Petta Forest Range on 22/1/10 when Sri.Shibu himself was driving the vehicle. On seizure of the vehicle, nobody approached Forest Department for interim custody of the vehicle, and that, it was therefore that in view of the orders passed by this Court in MACA 1458/06 and the circular dated 5^th of January, 2009 issued by the Home (G) Department, Government of Kerala that steps were taken for disposal of the vehicle. It is therefore contended that the respondents cannot be faulted for the steps they have taken.

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It is true that proceedings following the seizure of the

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WPC No. 187/11

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vehicle on 22/1/2010 are remaining inconclusive even as on date. Therefore, until an order adverse to the petitioner is passed, the vehicle belongs to the petitioner. Therefore, petitioner is justified in contending that the steps taken for auctioning of the vehicle are premature. However, as rightly pointed out by the learned Government Pleader, in respect of the seizure of the vehicle, pursuant to which OR No.21/05 was registered against the petitioner, the confiscation order has already been passed. Therefore, if that order has become final or if no order staying the order has been passed by any appellate or revisional authorities, respondents are perfectly at liberty to either proceed against the vehicle or to realise its value from out of the bank guarantee furnished. Such proceedings if initiated by the respondents cannot be resisted by the petitioner.

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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

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WPC No. 187/11

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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.

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Writ petition is disposed of with the above clarification.

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ANTONY DOMINIC, JUDGE

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Ninan Varghese v. Divisional Forest Officer

Case brief

What is this about?

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Ninan Varghese v. Divisional Forest Officer

Case brief

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What did the court decide?

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