ATHIRA SHIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the owner of a pickup van bearing registration No.KL-37-B-4102. The fourth respondent is the husband of the petitioner. On 15.05.2020, the third respondent has seized the vehicle of the petitioner alleging that the fourth respondent was found transporting river sand in the vehicle contravening the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (the Act). Section 23A of the Act provides for confiscation of such vehicles. On receiving the report regarding the seizure, the second respondent, the competent authority under the Act initiated proceedings for confiscation of the vehicle, and in terms of Ext.P2 order, the vehicle has been confiscated. Ext.P2 order is under challenge in the writ petition.

(2.) A counter affidavit has been filed by the second respondent justifying the confiscation of the vehicle.

(3.) Heard the learned counsel for the petitioner as also the learned Government Pleader.