Important points:
It is fundamental that if where rights of a person are likely to be adversely and prejudicially affected by an order proposed by an authority in a proceeding, such person is entitled to a pre-decisional notice, irrespective of whether the proceeding is judicial, quasi-judicial or administrative in nature

JUDGMENT :

P.B. SURESH KUMAR, J.

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.

4. It is seen that the petitioner has an effective alternative remedy by way of revision under Section 23B of the Act against orders in the nature of one impugned in the writ petition and a further remedy by way of appeal before the District Court under Section 23C of the Act against the decision of the revisional authority. In the light of the aforesaid provisions, this court would not have normally entertained a writ petition against the impugned order under Article 226 of the Constitution. But, it is found that one of the grounds urged in the writ petition is that the impugned order is vitiated for non-compliance of the principles of natural justice in as much as the same was rendered without notice to the petitioner. If the said ground is sustainable, it is settled that the alternative remedy available to the petitioner is not an impediment for this court in entertaining the writ petition.

5. The fact that the petitioner is the owner of the vehicle covered by the impugned order is not in dispute. The registration of the vehicle also stands in the name of the petitioner. Section 23A of the Act reads thus:

“23A. Confiscation of sand, vehicles, etc. - (1) Where any property is seized under section 23, the officer seizing such property shall seal all such properties for indicating that the same is seized and shall whether prosecution proceedings have been initiated or not within forty eight hours of such seizure make a report of such seizure before the Judicial Magistrate and before the Sub-Divisional Magistrate having jurisdiction over the area from where the said properties are seized and the fact of such seizure shall be informed to the Station House Officer of the Police Station, having jurisdiction over the area. Where information regarding such seizure of property is received, the police officer concerned shall take steps under section 102 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974).

(2) Where a report under sub-section (1) is received before the Judicial Magistrate having jurisdiction, steps thereon, not contrary to the other provisions of this Act, shall be taken as per the provision of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and if no claim is raised regarding the articles seized or where the Court is satisfied that the application to release them is not satisfactory, they shall be subjected to confiscation under sub-section (4):

Provided that the release of the properties seized to any person for its safe custody to any person or its disposal shall be on sufficient security and such release or disposal shall only be till the completion of the confiscation proceeding under this Act:

Provided further that the sand seized shall not for any reason be released to any person and the same shall be subjected to confiscation under sub-section (4).

(3) Where a report under sub-section (1) is received before a Sub-Divisional Magistrate, a notice requiring to furnish in writing within the stipulated time as stated in