IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 14997 of 2010(Y) ----------------------------------------- PETITIONER(S): ------------------------- PRASAD, PRASANTH BHAVAN, KANNANAKUZHY, CHARUMMOODU P.O.,ALAPPUZHA DISTRICT. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE SUB INSPECTOR OF POLICE, PANDALAM, PATHANAMTHITTA DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010 ALONG WITH WPC NO. 15048 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.14997 & 15048 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2010 J U D G M E N T The petitioners in these two writ petitions are persons from whom vehicles have been seized on allegations of violation of the Mines And Minerals (Development and Regulation) Act, 1957. Petitioners submit that the seizure itself is without jurisdiction and illegal. According to them under Section 23 (C) of the Act, State Government is empowered to make rules for preventing illegal mining, transportation and storage of minerals. They point out that the Government of Kerala has already issued a notification exempting minerals like the one transported by the petitioners from proceedings under the Act. Petitioners therefore seek interim custody of the vehicle. The learned Government Pleader on instructions submits that the appropriate authority has already lodged an FIR before the concerned criminal court and as per the provisions of the W.P.(C)No.14997 & 15048 of 2010 -2- Act only the criminal court has jurisdiction to deal with the question of interim custody. 2. I have considered the rival contentions in detail. Under Section 4 (1A) of the Act, no person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of the Act and the rules made thereunder. Under Section 21 (4A) of the Act, any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court. In view of the above legal provisions, I am satisfied that the petitioners has to approach the criminal court to seek their remedies for interim custody of the vehicle also. Therefore without prejudice to the right of the petitioners to approach the criminal court, these writ petitions are dismissed. S. SIRI JAGAN JUDGE shg/