STATE OF KERALA Vs. SUKUMARA PANICKER

JUDGEMENT

(1.) STATE of Kerala -Petitioner in O.P. No. 8122 of 1985 -D -is the Appellant in this Writ Appeal. The Original Petition was filed to quash Ext. P -2 order passed by the District Judge, Thodupuzha in disposing of the appeal (C.M.A. No. 28 of 1983), filed under Section 61D of the Kerala Forest Act, preferred against Ext. P -1 order dated, 20th October 1983 of the Authorised Officer -Divisional Forest Officer, Munnar, Devicolam -Confiscating vehicle KEE 8538. The registered owner of the said vehicle (Tempo Van) was the first Respondent in the O.P. and is also the first Respondent in this Writ Appeal.

(2.) THE short facts, necessary for the disposal of this Writ Appeal, are as follows:

(3.) IN order to understand the rival contentions of the parties, it will be useful to quote Section 61A and also Section 61B of the Kerala Forest Act. They are as follows: