IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30780 of 2011(V) -------------------------- PETITIONER(S): ---------------------- 1. ANIL KUMAR V, AGED 39 YEARS,S/O.VIDHYADHARAN, MADATHIVILAYIL HOUSE,PAVUMBA SOUTH, MANAPPALLY,KARUNAGAPPLLY, KOLLAM DISTRICT,KERALA 2. K.SENTIL KUMAR, KULANDAVEL,NEW NO.1/158 KUDI STREET, NATTAMANGALAM POST, TIRUCHENCODE TALUK, NAMAKKAL DISTRICT,TAMILNADU BY ADV. SRI.K.MADHUSOODHANAN NAIR SRI.S.MOHANA KUMARAN NAIR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, PATHANAMTHITTA 2. REVENUE DIVISIONAL OFFICER, R.D.O OFFICE,ADOOR. 3. TAHSILDAR, TALUK OFFICE,REVENUE TOWERS, ADOOR 4. VILLAGE OFFICER, PERINGANDAN VILLAGE, ADOOR P.O,PATHANAMTHITTA DISTRICT PIN 691 523 SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30780/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1PHOTOCOPY OF THE REGISTRATION CERTIFICATES OF MOTOR VEHICLE BEARING REGISTRATION NO.KL-23-2924 EXT.P2PHOTOCOPY OF THE REGISTRATION CERTIFICATE OF TN-34-J 7528 EXT.P3PHOTOCOPY OF CANCELLATION ORDER OF THE PERMIT DATED 27.9.2011 EXT.P4PHOTOCOPY OF THE JUDGMENT IN WP9C) NO.26627 OF 2011 DATED 12.10.2011 EXT.P5PHOTOCOPY OF THE ORDER NO.B3-5720/11 DATED 24.10.2011 OF THE 2ND RESPONDENT. EXT.P6PHOTOCOPY OF THE ORDER NO.B3-5720/11 DATED 24.10.2011 OF THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30780 OF 2011 ===================== Dated this the 18th day of November, 2011 J U D G M E N T Petitioners are owners of two JCB vehicles bearing Reg.No.KL-23/2924 and TN 34J-7528 respectively. Proceedings under the Mines and Minerals (Development and Regulation) Act, 1957 were initiated against the vehicles and at that stage petitioners approached this Court by filing WP(C) No.26627/11 seeking interim custody of the vehicles. Pursuant to the directions in Ext.P4 judgment disposing of the writ petition, orders have now been passed as per Exts.P5 and P6 giving the vehicles to the petitioners on interim custody. However, according to the petitioners, security to be furnished is exorbitant, and therefore, they are unable to comply with the requirement. 2. In this writ petition, though the petitioners are challenging the said orders, having regard to the fact that the value of the vehicles have been fixed by the Motor Vehicles Department, the expert in the field, this court cannot find fault with the same. Be that as it may, if the petitioners are incapable of complying with the said requirement, it is open to them not to WPC No. 30780/11 :2 : avail the benefit thereof. 3. However since proceedings under the Mines and Minerals (Development and Regulation) Act, 1957 have been initiated against the petitioners, it is necessary that the respondents should initiate further action before the Jurisdictional Magistrate. This they shall do at any rate within two weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp