Anil K. Narendran, J.

This Original Petition is filed seeking a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P3 confiscation order passed by the 2nd respondent who is the authorised officer under Section 61A of the Kerala Forest Act, 1961, Exhibit P5 judgment of the appellate authority under Section 61D of the said Act and Exhibit P6 consequential notice issued by the 2nd respondent requesting the petitioner to produce jeep bearing registration No. KLI-204 in order to finalise the confiscation proceedings.

2. According to the petitioner, he is the owner of a rubber estate called 'Anakal Estate' in Thachampara village in Palakkad District. During the 2nd week of September, 1994, one Moidu, brother of Thiamu, who was the supervisor of the petitioners estate came and asked for about 175 meters of wood reeper which was borrowed by the petitioners late father. The petitioner agreed to return the same and with his permission Moidu cut down a fallen vaka tree from the petitioners estate. It was then taken to the nearby sawmill in the petitioners jeep bearing registration No. KLO-214 and after sawing the wood reeper was taken back in the said vehicle to the petitioners estate and kept in the store room. The wood reeper due to Moidu was kept separately. On 19/09/1994, the petitioner saw the said Moidu, along with Chandaran, Balankutty and three others taking timber through his estate and on enquiry the petitioner was told that the said timber is from the nearby forest. The petitioner made a complaint before the Palakkayam Forest Station and on that basis O.R.No.20/1994 was registered against them. When Chandran was questioned by the forest officials he said that, he along with Moidu, Balankutty and others cut trees from the forest for the petitioner and the trees cut down were taken to the nearby sawmill in the petitioners jeep bearing registration No.KLI-204 and after sawing, the timber is kept in the store room of the petitioners estate. On the basis of the above statement of Chandran, O.R.No.21/1994 was registered against the petitioner and his driver. On 22/09/1994, on reaching the Range Office, the Range Officer forcibly took the key of the petitioners jeep bearing registration No. KLI-204 and then seized the wood reeper from the estate store room, alleging illegal felling and transportation of vaka trees from the vested forest and for storing the vaka timber in the estate store room.

3. The 2nd respondent vide Exhibit P1 initiated proceedings under Section 61A of the Kerala Forest Act, 1961 (hereinafter referred to as 'the Act' only) to confiscate the petitioners jeep bearing registration No. KLI-204 on the allegation that the said vehicle was used for committing a forest offence, namely, illicit transportation of forest timber. The petitioner approached this Court in O.P.No.16551/1994 and by judgment dated 08/12/1994, the 2nd respondent was directed to release the vehicle to the petitioner on certain conditions including furnishing of bank guarantee for the value of the vehicle. To Exhibit P1 show cause notice, the petitioner submitted Exhibit P2 reply, but the 2nd respondent by Exhibit P3 ordered confiscation of the vehicle and being aggrieved by the order of confiscation he preferred Exhibit P4 appeal before the District Judge, Palakkad, under Section 61D of the Act. The said appeal ended in dismissal, vide Exhibit P5 judgment. In view of Exhibit P5 judgment, the 2nd respondent issued Exhibit P6 notice requesting the petitioner to produce the vehicle in order to finalise the confiscation proceedings. It is in that circumstances, the petitioner filed this Original Petition, under Articles 226 and 227 of the Constitution of India, challenging Exhibits P3, P5 and P6.

4. The 2nd respondent filed counter affidavit contending that, on 22/09/1994, one Chandran was apprehended by the forest officials of Palakayam Forest Station of Mannarkkad Range for illicit felling of vaka and chadachi