ANTONY DOMINIC , J.
Heard the learned counsel for the appellant and the learned Government Pleader appearing for the respondents.
2. The issue pertains to the detention of a lorry and an earth mover, under Section 47 of the KAVT Act. The learned Single Judge having declined to interfere with the proceedings, the Writ Appeal is filed.
3. It is revealed from the pleadings that during the pendency of the Writ Petition, the earth mover has been released.
4. Admittedly, the proceedings initiated are under Section 47 of the KVAT Act and therefore the matter requires to be adjudicated by the competent authority among the respondents.
4. Considering the nature of the disputed questions of facts that are likely to arise in such proceedings, we do not think, this is a case fit for examination in proceedings under Article 226 of the Constitution of India. At the same time, taking into account the W.A.No.1623/14 -2-
grievance of the appellant that the earth mover is lying in the Police Station, exposing it to sun and rain and causing damages, we do agree that the proceedings should be completed on an expeditious basis. In such circumstances, we dispose of this appeal with the following directions.
(i) If the appellant has not so far filed his reply to the show cause notice, he shall file the same immediately to the respondents.
(ii) Once reply is filed as above, the competent authority among the respondents should complete the adjudication proceedings with opportunity to the appellant, at any rate within two weeks thereafter. It is made clear that this shall be subject to the condition that the appellant should co-operate with such proceedings.
(iii) The appellant shall produce a copy of this judgment before the 2nd respondent for information and compliance.
Sd/-
ANTONY DOMINIC, JUDGE dsn Sd/-g ANIL K.NARENDRAN, JUDGE