AI Structured Summary
Not yet generated for this judgment
Judgment
Antony Dominic, J.—Heard both sides.
Ext.P4 is under challenge. Ext.P4 is a notice issued by the Additional Tahsildar proposing to confiscate the vehicles bearing Regn. Nos. KL-8 AA 3377 and KL-11N 9889, of which the Petitioners claim to be registered owners. Such proceedings have been initiated on the allegation that the vehicles were used for unauthorised transportation of ordinary sand and the proceedings are under the provisions of the MMDR Act, 1957.
Evidently, the Additional Tahsildar who has issued Ext.P4 cannot be said to be a competent authority under the said Act. Therefore, I should accept the contention of the learned Counsel for the Petitioners that Ext.P4 is without jurisdiction.
In that view of the matter, I quash Ext.P4 and direct that the vehicles shall be released on the production of a copy of this judgment. However, it is clarified that this judgment will not stand in the way of the appropriate authority under the Act to initiate action against the vehicles in question in accordance with the provisions of the said Act.
Writ petition is disposed of as above.