IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11537 of 2011(N) -------------------------- PETITIONERS: --------------- 1. EMIL VARGHESE ISSAC, AGED 31 YEARS, S/O.P.P.ISSAC, POOVATHUMMOOTIL HOUSE, KUTTAPUZHA VILLAGE & P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 103. 2. THOMAS KOVOOR, AGED 40 YEARS, S/O.THOMAS, KOVOOR MANAPURATH HOUSE, KARAKKAL P.O., THIRUVALLA, PIN-689 108. 3. A.V.MATHAPPAN, AGED 50 YEARS, S/O.VARGHESE, EDAYANAL HOUSE, MORKALA, KUMARAPURAM, ERNAKULAM, PIN-683 565. 4. BINOY GEORGE, AGED 39 YEARS, S/O.GEORGE, KONUMADAKAL HOUSE, RAMANKARI, MUTTAR, PIN-689 571. 5. CHANDRAN, AGED 55 YEARS, S/O.KUTTAN, THARAYILPARAMBIL HOUSE, FATHIMAPURAM P.O., CHANGANASSERRY, PIN-686 102. 6. K.CHANDRA MOHAN, AGED 48 YEARS, CHANDRIMA, PODIYADI P.O., THIRUVALLA, PIN-689 110. 7. SAFIYA BEEVI, AGED 50 YEARS, BARKATH VEEDU, KARUMADI P.O., AMBALAPUZHA, PIN-688 564. 8. ABDUL KHADER, AGED 53 YEARS, S/O.ABDUL KARIM, BARKATH VEEDU, KARUMADI P.O., AMBALAPUZHA, PIN-688 564. 9. AMMINI SASI, AGED 47 YEARS, W/O.SASI, PAYYAPALLIL HOUSE, KAVIYOOR P.O., THIRUVALLA, PIN-689 582. BY ADV. SRI.JOSEPH GEORGE WP(C).No. 11537 of 2011(N) RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN-689 645. 2. THE SUB COLLECTOR, THRIUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 101. 3. THE TAHSILDAR, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 101. 4. THE SUB INSPECTOR OF POLICE, KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN-689 587. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 11537 OF 2011 ......................................................................... Dated this the 8th April, 2011 J U D G M E N T The vehicles bearing Nos. G.10724(Earth remover BMEL Model BE 220 LC Hydraulic Excavator), KL.13K.2033, KL.07.P.3897, KL.02.R.6598, KL.03.N.5201,KL.02.T.9441, KL.04.V.5209, KL.40.A/5749 and KL.27A.5887, owned by the petitioners were seized by the second respondent based on the report dated 31.03.2011 of the third respondent/Tahsildar, alleging illegal transportation of ordinary sand, leading to the proceedings taken under the relevant provisions of the Mines and Minerals (Development and Regulation)Act (MMDR ACT) read with the relevant provisions of the Kerala Minor Mineral Concession Rules, 1967. The grievance projected in the Writ Petition is that the interim custody of the vehicles is still to be released to the petitioners, despite the requests made in this regard, which hence is sought to be interfered. 2. The case of the petitioners is that the petitioners were made to misunderstand by the owner of the land that he was having the requisite permits to remove and transport the ordinary sand and it was accordingly, that the vehicles were sent W.P.(C) No. 11537 OF 2011 2 to undertake the operation, simultaneously adding that the petitioners would like to have the offence compounded. The learned counsel for the petitioners submits that appropriate directions might be issued to the first respondent to have the offence compounded and to release the vehicles. 3. When the matter is taken up for consideration, the learned Counsel for the petitioners submits that with regard to releasing some of the vehicles mentioned in Ext.P2 mahazar belonging to some other similarly situated persons, they have approached this Court by filing W.P.(C) 11505 of 2011 and the same was disposed of today granting the relief as above. The learned Counsel for the petitioners submits that since the vehicles involved in their case are also seized by the same mahazar, similar verdict may be passed in this case as well. 4. Heard the learned Government Pleader as well. 5. Considering the facts and circumstance, this Court finds it fit and proper to dispose of the writ petition in the same terms of the verdict passed in W.P.(C) No.11505 of 2011. The petitioners are at liberty to file a petition for permission to W.P.(C) No. 11537 OF 2011 3 compound the offence, on which event the first respondent shall consider the same and appropriate orders shall be passed, in accordance with law, as expeditiously as possible at any rate within 'three weeks from the date of production of a copy of the judgment along with a copy of the writ petition. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk