Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 WP(C) NO. 11401 OF 2024 PETITIONER: KOTTAVALAPPIL ABU THAHIR AGED 30 YEARS SON OF PAREED, KOTTAVALAPPIL HOUSE, KOTTAPADAM P.O., PATTITHARA, PALAKKAD (OWNER OF TIPPER LORRY BEARING REGISTRATION NO. KL-23-D-1792) PIN - 679534 BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT, PIN - 678001 2 THE SUB INSPECTOR OF POLICE CHALISSERY POLICE STATION, PALAKKAD DISTRICT, PIN - 679536 BY ADV. AJITH VISWANATHAN - GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
J U D G M E N T
Dated this the 31st day of May, 2024 Alleging that the petitioner's lorry was being employed to transport soil illegally, which constitutes an offence under the Mines and Minerals (Development and Regulation) Act, the vehicle was seized by the respondent-authorities. The petitioner maintains a contention that the vehicle was empty at the time of the alleged seizure and therefore, the petitioner is entitled to the benefit of the law declared by a Division Bench of this Court in District Collector v. Unais [W.A.No.609/2023].
2. Learned Government Pleader would submit that,
two other vehicles were also seized along with the instant vehicle, which were filled with soil ..3.. and that this vehicle was in the queue. A JCB was also seized from the premises. According to the Government Pleader, the present vehicle was also parked only to load the soil and for its transportation, contrary to law.
3. This Court notice that, by virtue of interim
order dated 01.04.2024, the vehicle has been
released upon executing a bond. It is also noticed that, going by Ext.P1 mahazar, the instant vehicle bearing no. KL-23D-1792 was not loaded with any soil. As rightly contented by the learned counsel for the petitioner, the petitioner is entitled to the benefit of the law declared by this Court in District Collector (supra).
4. In these circumstances, this writ petition is
allowed, taking stock of the above legal position. Inasmuch as the vehicle is released by ..4.. virtue of an interim order, no further orders are warranted. The Writ Petition (Civil) is accordingly closed. Sd/- C. JAYACHANDRAN JUDGE TR ..5.. APPENDIX OF WP(C) 11401/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 16.3.2024 PREPARED BY THE SECOND RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS DISTRICT COLLECTOR 2023 (1) KLT 651 Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 29.3.2023 IN W.A.NO.609 OF 2023 Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 4.4.2023 IN WP(C) NO.11862 OF 2023 Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 20.7.2023 IN WP(C) NO.23536 OF 2023