IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 6071 of 2011(H) ------------------------ PETITIONER: --------------- SHAMSEER AHMAD, S/O.P.M. ABBAS, AGED 29 YEARS, PADPU HOIUSE, H. NMO.3-82/1, KOTEKAR VILLAGE, MANGALORE TALUK, D.K DISTRICT, KARNATAKA. BY ADV. SRI.JACOB E SIMON SRI.R.UDAYA KUMAR RESPONDENTS: ----------------------- 1. THE REVENUE DIVISIONAL OFFICER, KASARAGOD AT KANHANGAD. 2. THE SUB INSPECTOR OF POLICE/STATION HOUSE OF4FICER, MANJESWAR POLICE STATION, KASARAGOD DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY SR. GP. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 6071 of 2011 -------------------------- Dated this the 17th March, 2011 J U D G M E N T Petitioner claims to be the registered owner of a Tipper lorry bearing Reg.No.KA-19/B-1714. On seizure of the vehicle, it was produced before the 1st respondent, who has passed Ext.P3 order directing release of the vehicle on imposition of 'fine' mentioned therein. It is challenging Ext.P3 order, this writ petition has been filed. 2. It cannot be disputed that under the Mines and Minerals (Development and Regulation)Act 1957, only the 'Court' can impose 'fine' and as such, Ext.P3 order is clearly impermissible and unsustainable. 3. Therefore, Ext.P3 order is quashed. On production of a copy of this judgment along with a copy of the writ petition before the 2nd respondent, the vehicle shall be caused to be produced before the concerned Magistrate's Court for further proceedings in accordance with the 'Act and Rules'. It is clarified that on such production, it will be open to the petitioner to make application for interim custody; in which event it is up to W.P (C) No. 6071 of 2011 2 the Court to pass orders in the matter; fixing appropriate conditions, if any. Writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge