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2015 Supreme(Ker) 918

ASHOK BHUSHAN, A.M.SHAFFIQUE
JUBY JOHN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
SRI. P.G. JAYASHANKAR
SPL. GOVERNMENT PLEADER SRI. M.P. MADHAVANKUTTY

Judgment

Ashok Bhushan, J.

Heard the learned counsel for the appellant and the learned Special Government Pleader.

2. This writ appeal has been filed challenging the judgment dated 21.7.2015 in W.P.(C) No.18768 of 2015. The writ petition was filed by the appellant praying for the following reliefs :-

"i. Call for the records leading to the issuance of Ext.P2, and quash the same by way of issuance of a writ of certiorari or any other appropriate writ, direction or order;

ii. Direct the respondent not to proceed with Ext.P2, by way of issuance of a writ of mandamus or any other appropriate writ direction or order;

iii. To issue a writ of mandamus or any other appropriate writ or order directing the respondents to release the vehicles to the petitioner."

3. The brief facts necessary for deciding the writ appeal are as follows :-

The petitioner's two vehicles bearing registration Nos.KL-38-C-3739 and KL-09-T-1775 were seized by the forest officials under Sec.52 of the Kerala Forest Act, 1961 (for short 'the Act'). It is stated that the petitioner was not served with any notice for confiscation or any order of confiscation. Ext.P2 notice dated 1.6.2015 was issued by the Divisional Forest Office

























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