IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 32043 of 2011(E) -------------------------------------- PETITIONER(S): ---------------------- BIJU,S/O.HANOCK,MELIKAYIL HOUSE, PANDANAD,CHENGANNUR,ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI. PRAVEEN HARIHARAN RESPONDENT(S): ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR,ALAPPUZHA DISTRICT,PIN-689121. 2. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION,ALAPPUZHA DISTRICT, PIN-689121. 3. REVENUE DIVISIONAL OFFICER (SUB DIVISIONAL MAGISTGRATE), CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121. BY GOVERNMENT PLEADER SRI. MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 32043/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-02Y-4564,ISSUED BY THE JOINT REGIONAL TRANSPORT OFFICER,CHENGANNUR. EXT.P2: TRUE COPY OF THE CASH MEMORANDUM ISSUED BY SRI.K.M.JACOB DL.NO.224/2010-2011/MM/OS/DOA/404/2011 DATED 01.09.2011. EXT.P3: TRUE COPY OF THE REQUEST FOR INTERIM RELEASE OF VEHICLE MENTIONED IN EXHIBIT.P1 MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS NIL TRUE COPY P.S. TO JUDGE SD ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 32043 OF 2011 ----------------------------------------------------- Dated this the 1st day of December, 2011 J U D G M E N T Petitioner claims to be the registered owner of a goods vehicle bearing Reg.No.KL-02Y-4564. According to the petitioner when ordinary sand was transported on the strength of Ext.P2 permit, the vehicle was seized by the 2nd respondent on 1.9.2011 alleging violation of the provisions under the Mines and Mineral (Development and Regulation) Act 1957 and Kerala Minor Mineral Concession Rules. Complaint in the writ petition is so far the vehicle has not been produced before the jurisdictional magistrate. 2. The learned Government Pleader submits that from the documents produced by the petitioner it is not clear whether the proceedings initiated are under the Mines and Mineral (Development and Regulation) Act as claimed by the petitioner. W.P.(C) No. 32043 OF 2011 :2 : 3. True, there is lack of clarity as contend by the Government Pleader, but if as stated by the petitioner, the proceedings initiated are under the Mines and Mineral (Development and Regulation) Act, necessarily the vehicle should have been produced before the jurisdictional magistrate. In view of the complaint of the petitioner that the vehicle has not been produced so far, I direct that if proceedings are under the Mines and Mineral (Development and Regulation) Act as claimed, on the production of a copy of this judgment, the vehicle shall be produced before the jurisdictional magistrate without any further delay. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge