Thomas, ag. C. J.

Can a financier (who advanced loan on the security of a motor vehicle) claim aright to be heard in confiscation proceedings involving the motor vehicle under S.61A of the Kerala Forest Act (for short the act)? This question is raised in this writ appeal by the appellant which is a financing company.. As the learned single judge answered the question in the negative, this appeal has been filed under S.5 of the

Kerala High Court Act.

2. Facts necessary for this appeal are the following: One lorry (Ashok Leyland) was seized by some forest officials on 16.5.1995 alleging that the vehicle was used for committing a forest offence by transporting forest produces. The lorry was produced before the Divisional Forest Officer (first respondent), who was the authorised officer as per S.61A of the Act. First respondent issued notice to the registered owner of the vehicle (Second respondent) to show cause why confiscation proceed! ngs should not be initiated in the matter. The present appellant on coming to know of the proceedings, approached the Divisional Forest Officer and requested him to hear him also before any final order is passed. But first respondent did not