IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16168 of 2008(Y) -------------------------- PETITIONER: ------------ M.K.S. EARTH MOVERS, REP. BY ITS PROPRIETOR, M.K.MOHAMMADALI, S/O. SYED MOHAMMED, AGED 42 YEARS, MADAMPIKATHIL HOUSE, MANNOOR, KALADY P.O., VATTAMKULAM VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.V.GEORGE RESPONDENTS: ------------- 1. TAHSILDAR, TALUK OFFICE, PONNANI. 2. VILLAGE OFFICE, KATHIPARATHIL VILLAGE, PONNANI. 3. MALAPPURAM REVENUE SPECIAL SQUAD, REP. BY ITS PRINCIPAL OFFICER, DY.TAHSILDAR, D.DAMODARAN POTTY. 4. SUB INSPECTOR OF POLICE, KUTTIPURAM. BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 16168 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd June, 2008. J U D G M E N T The petitioner challenges Ext. P4 seizure of the petitioner's tipper lorry on the allegation of violation of the provisions of the Kerala Minor Mineral Concession Rules. According to the petitioner, the petitioner was only transporting red earth, which is not a minor mineral. With the help of the amendment notification issued by the Government of India including red earth also as a minor mineral for the purpose of the Mines and Minerals (Regulation and Development) Act, 1957 under which the Kerala Minor Mineral Rules, rules have been enacted the learned Government Pleader would contradict the petitioner's contention. 2. I am not going into the controversy now since the District Collector, who is the authority to pass final orders, has not passed any order. After seizing the petitioner's vehicle, the District Collector should pass final orders expeditiously. Accordingly, I dispose of this writ petition with a direction to the concerned District Collector to pass final orders in the matter as expeditiously as possible, at any rate, within seven days from the date of receipt of a copy of this judgment. Issue photo copy urgently. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge. W.P.C. No. -: 2 :-