IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 14960 of 2011(T) -------------------------- PETITIONER: --------------- BIJU C.V., S/O.VELAYUDHAN, AGED 36 YEARS CHELACHUVATTIL HOUSE, KARIKODE PO, PERUVA VIA., KOTTAYAM DISTRICT. BY ADV. MR. BABU JOSEPH KURUVATHAZHA MR. K.I.SAGEER RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION, KOTTAYAM DISTRICT, PIN 868 501. 2. REVENUE DIVISIONAL OFFICER, PALA, PALA P.O., KOTTAYAM DISTRICT,PIN 686 575. 3. GEOLOGIST, MINING & GEOLOGY DEPARTMENT, KOTTAYAM, PIN 686 002. BY SENIOR GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 14960 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd June , 2011 JUDGMENT The Mini lorry bearing No. KL 04 E 3477 belonging to the petitioner was seized by the first respondent, alleging violation of the relevant provisions Kerala Minor Mineral Concession Rules on 02.12.2010. But, the custody of the vehicle is still to be released to the petitioner, despite, satisfying the credentials of the petitioner stating that, the petitioner is innocent in all respects. 2. The learned counsel for the petitioner submits that the ordinary sand was transported on the basis of Ext. P5 licence issued to the concerned dealer and covered by Ext. P4 cash memorandum. The petitioner was served with Ext. P6 notice by the second respondent, when he sought to substantiate the facts and figures. After hearing the petitioner, the second respondent sought for a report from 3rd respondent vide Ext. P7, which is stated as awaited. This was followed by Ext. P8 dated 29.04.2011 communication sent by the first respondent, seeking for further particulars. The learned counsel submits that in spite of preferring Ext. P9 representation before the second and first respondents respectively, the matter is still to be W.P. (C) No. 14960 of 2011 : 2 : finalized, causing irreparable loss and damage to the petitioner, which made him to approach this Court. 3. Heard the learned Government Pleader as well. 4. Considering the facts and circumstances the second respondent is directed to consider the matter in accordance with law and pass appropriate orders with regard to the interim custody of the vehicle of the petitioner within 'two weeks' followed by final orders in respect of the cause of action within six weeks thereafter. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the second respondent for further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd