IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32788 of 2011(W) ------------------------------------- PETITIONER(S): --------------------- JANE, AGED 40 YEARS, S/O.SUGUNAN, MAPLAKUDIYIL HOUSE, NERYAMANGALAM.P.O., KAVALANGADU, KOTHAMANGALAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. PIN. 682 030 2. THE SUB INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. PIN. 686 691 R1 & R2 BY GOVT.PLEADER SMT M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WP(C).No. 32788 of 2011 APPENDIX PETITIONERS' EXHIBITS: NIL P1: COPY OF THE REGISTRATION CERTIFICATE P2: COPY OF THE SEIZURE MAHAZAR DT. 5/12/2011 P3: COPY OF THE LETTER DT.5/12/2011 ADDRESSED TO THE 1st RESPONDENT. RESPONDENTS EXHIBITS: NIL \\ TRUE COPY \\ PA TO JUDGE JM ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32788 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 9th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner claims to be the owner of lorry bearing registration No.KL-04V-444. According to the petitioner, the vehicle was used for transportation of ordinary earth and that while so, it was detained by the second respondent. His case is that such a detention is on the allegation of violation of Kerala Minor Mineral Concession Rules, 1967. It is stated that despite such detention, proceedings are not continued and, therefore, this writ petition is filed. 2. If as stated by the petitioner, the proceedings initiated by the second respondent is under the Mines and Minerals (Development and Regulation) Act, 1957 or the Kerala Minor Mineral Concession Rules, 1967, the said Act and the Rules contemplate proceedings only before the Judicial Magistrate concerned. W.P.(C) No.32788/2011 : 2 : 3. In such circumstances, I dispose of the writ petition directing that, on the production of a copy of this judgment, the second respondent will produce the vehicle in question before the Judicial Magistrate concerned forthwith. Petitioner shall produce a copy of this judgment and writ petition before the second respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/09/12 // True Copy // P.A. To Judge