IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27876 of 2011(H) -------------------------------------- PETITIONER(S): ----------------------- BIJU, S/O. CHAKRAPANI, AGED 36 YEARS, KOCHUMADATHIL HOUSE, THEKKEKARA KIZHAKKUMMURI, PALLIPADU VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA, ALAPPUZHA DISTRICT.PIN-688001. 2. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR TALUK,ALAPPUZHA DISTRICT-689121. 3. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPUZHA DISTRICT PIN-689121. BY SR. GOVT. PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, ALONG WITH WPC. NO.27877 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.27876/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPORT DTD. 15.10.2011 PREPARED BY THE 3RD RESPONDENT P2:- COPY OF THE SEIZURE MAHAZER DTD. 15.10.2011 PREPARED BY THE 3RD RESPONDENT. P3:- COPY OF THE GOODS CARRIAGE PERMIT ISSUED BY THE RTA PATHANAMTHITTA TO THE PETITIONER. P4:- COPY OF THE CERTIFICATE OF REGISTRATION. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 17.10.2011. P6:- COPY OF THE GOVERNMENT NOTIFICATION DTD. 5.4.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ================ W.P.(C) NOs. 27876 & 27877 OF 2011 ========================== Dated this the 20th day of October, 2011 J U D G M E N T Petitioners are owners of tipper lorries bearing Regn.Nos.KL- 29B 8352 and KL-37 567. On the allegation that the vehicles were used in violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, vehicles were seized and Ext.P5 representations have been made to the Revenue Divisional Officer. It is thereupon the writ petitions have been filed. 2. Obviously the violation alleged is that of the aforesaid Act and the Rules. If that be so, the right course open to the Sub Inspector was to have registered the case and produced the vehicles before the Jurisdictional Magistrate. In that view, I dispose of these writ petitions directing that, on the production of a copy of this judgment, the Sub Inspector will produce the vehicles in question before the Jurisdictional Magistrate forthwith. Thereupon it will be open to the petitioners to apply for interim custody of the vehicles. ANTONY DOMINIC, JUDGE Rp