VENUGOPALA KURUP Vs. DISTRICT COLLECTOR ALAPPUZHA

JUDGEMENT

(1.) In these two appeals, there is a common question. Therefore we take the facts of W.A. No. 1329 of 2010 to represent the facts of two Writ Appeals.

(2.) The Appellant, claims to be the owner of the vehicle bearing No. KL 30 A 1244. The said vehicle was seized by the Respondents on the ground that the vehicle was found violating the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. By order dated 7.6.2010 of the first Respondent, the vehicle was confiscated. Such confiscation is provided under Section 23 of the Act, which reads as follows:

(3.) The only submission made by the learned Counsel for the Appellants that the order of confiscation came to be passed without giving an opportunity of hearing to the Appellants.