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1994 Supreme(Ker) 17

P.A.MOHAMMAD
Varkey Abraham – Appellant
Versus
District Judge – Respondent


Judgment :-

This writ petition is to quash Ext. P9judgment of the District Judge, Thodupuzha. That judgment was rendered in C.M.A. No. 54/87 filed by the writ petitioner against the order of the Wild Life Preservation Officer, Vallakkadavu confiscating some pieces of teak wood timber and other finished articles under S.61Aof the Kerala Forest Act, 1961 (for short the 'Act').

2. The facts of the case can be capsulated thus: The Assistant Wild Life Preservation Officer, Vallakkadavu had entertained some doubt about the genuineness of certain piece of teakwood timber, one Almirah, one cot etc. kept in the premises of the petitioner. The petitioner claimed title in respect of those goods. However, the officer having not satisfied with the claim, seized those goods under a mahazar. The goods were forwarded to the authorised officer for necessary action. On 25-7-1981 the petitioner filed a petition before the Field Director (Tiger Project), Kottayam praying to release seized goods. However, the goods were not released; on the other hand, the officer ordered confiscation under S.61A(2) of the Act. the petitioner, thereafter filed a C.M. Appeal before the District Judge as 19/1983 challengi



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