IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 13296 of 2011(J) -------------------------- PETITIONER(S): --------------- SREEVIDHYA, AGED 27 YEARS, D/O. VIDYADHARAN, VIJESH BHAVANAM, MATTOM P.O., CHEPPAD, HARIPPAD, ALAPPUZHA DISTRICT PIN - 690 511. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, ALAPPUZHA - 688 007. 2. THE SUB COLLECTOR, CHENGANNUR, ALAPPUZHA DISTRICT. 3. THE SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, MAVELIKKARA, ALAPPUZHA DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. SR GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).13296/2011 .............................................. Dated this the 23rd day of May, 2011 JUDGMENT Petitioner has approached this Court with the following prayers:- (i). Declare that seizure of the vehicle mentioned in Ext.P1 by the 3rd respondent for alleged contravention of the provisions of the Mines & Minerals Development and Regulation Act, 1957 as illegal and quash all further proceedings pursuant to Ext.P2 report. (ii). Issue a writ of mandamus or any other appropriate writ commanding the 3rd and 2nd respondents to release the vehicle mentioned in Ext.P1 to the petitioners; (iii). Issue a writ of mandamus or any other appropriate writ commanding the 3rd respondent to produce the vehicle before a Court of competent jurisdiction having power to take cognizance of the offences alleged under the Mines & Minerals (Development & Regulation) Act. 2. Heard the learned Government Pleader as well. W.P.(C).13296/2011 2 3. Considering the limited nature of the relief pressed before this Court by the learned counsel for the petitioner, it is not necessary to go into the merits of the case with regard to the alleged seizure of the vehicle bearing No.KL-17C-6909 belonging to the petitioner on 4.5.2011 by the third respondent and as to the subsequent developments. The writ petition is disposed of directing the respondents to cause production of the vehicle before the competent Court of law forthwith, at any rate, within three days from the date of receipt of a copy of this judgment. Petitioner is at liberty to approach the concerned Magistrate's Court for getting the interim custody of the vehicle, subject to the terms and conditions to be fixed by the learned Magistrate, in accordance with law. This will be without prejudice to the rights and liberties of the competent authority to file proper complaint in accordance with law. Petitioner shall produce a copy of this judgment along with the copy of the writ petition before the concerned respondent for taking further steps. P.R.RAMACHANDRA MENON, Judge mrcs