Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 14TH DAY OF JANUARY 2013 24TH POUSHA 193 WP(C).No. 1035 of 2013 (D) ------------------------------------ PETITIONER: -------------------- MINI, AGED 3 YEARS, W/O.KANDASWAMY,VATTAVAYALIL HOUSE, MICHEL GIRI POST OFFICE,KANTHALLOOR,DEVIKULAM TALUK. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): ------------------------ 1. THE DIVISIONAL FOREST OFFICER & AUTHORIZED OFFICER, SANDAL DIVISION,MARAYOOR,IDUKKI DISTRICT-685612.
2. RANGE OFFICER, MARAYOOR FOREST RANGE,IDUKKI DISTRICT-685612.
3. DEPUTY RANGER, FOREST STATION,NACHIVAYAL,MARAYOOR-685612. BY SRI.M.A.THOMAS KUTTY, SPL.GOVERNMENT PLEADER FOR FOREST BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR FOREST THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WP(C).No. 1035 of 2013 (D) APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE RC BOOK. EXHIBIT-P2: TRUE COPY OF THE REMAND APPLICATION OF THE ACCUSED. EXHIBIT-P3: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.9827/11 DATED 25 04.2012 OF THIS HON'BLE COURT. EXHIBIT-P4: TRUE COPY OF THE NOTICE OF THE 1ST RESPONDENT. EXHIBIT-P5: TRUE COPY OF THE REPRESENTATION OF THE PETITIONER. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE AS ANTONY DOMINIC, J.
================ W.P.(C) NO. 1035 OF 201.=================== Dated this the 14th day of January, 2013 JUDGMENT
Petitioner is the registered owner of a vehicle bearing Regn.not KL-3K 6701.The vehicle was seized alleging offences under the Kerala Forest Act and proceedings under Section 61B are pending. Although the petitioner was issued Ext.P4 notice, she did not appear. Thereafter, she made Ext.P5 request praying that she may also be given an opportunity to participate in the adjudication proceedings. It is apprehending that her request will be turned down, this writ petition is filed.
2. Learned Government Pleader confirms that although the petitioner did not respond to Ext.P4 notice, proceedings are still pending. In such circumstances and having regard to the fact that admittedly the petitioner is an affected party, I direct that the petitioner shall also be given an opportunity to participate in the adjudication proceedings She will also be at liberty to file her objections.
3. Petitioner shall produce a copy of this judgment along WPC.No.1035/13 :2 : with a copy of the writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp