IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23505 of 2011(K) -------------------------- PETITIONER(S): ------------------------ R.RAVI, MANAGER, (MANGALATH LORRY SERVICE, LORRY NO.KL-26B -874), AGED 51 YEARS, S/O. RAGHAVAN, K.P.SADHANAM, NELLIMALA P.O., ADOOR, PATHANAMTHITTA. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------ 1. SUB DIVISIONAL MAGISTRATE, CHENGANNUR, PIN-689 121. 2. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, PIN-690 502. 3. DISTRICT COLLECTOR, ALAPPUZHA DISTRICT-688 001. SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23505/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED FROM THE SUB REGIONAL TRANSPORT OFFICE, ADOOR RELATING TO VEHICLE NO.KL 26B 5747. EXT.P2: TRUE COPY OF THE SEIZURE MAHAZAR 24.8.11 EVIDENCING SEIZURE OF VEHICLE MENTIONED EXT.P1. EXT.P3: TRUE COPY of THE COMPLAINT DT 24.8.11. FILED UNDER SECTION 22 OF THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT 1957 ACT BY THE 2ND RESPONDENT BEFOR THE 1ST RESPONDENT. EXT.P4: TRUE COPY of THE GOVERNMENT ORDER GO(MS) NO.85/2010/IND DT 5.4.2010. EXT.P5: TRUE COPY OF THE JUDGMENT MADE IN WPC NO.21458/11 DT 17.8.11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23505 OF 2011 ===================== Dated this the 5th day of September, 2011 J U D G M E N T Petitioner is aggrieved by the seizure of a tipper lorry bearing Regn.No.KL-26B-5747 owned by one Mathew Daniel. It is stated that the vehicle was taken into custody on 24/8/11 alleging violation of the provisions contained in the Mines and Minerals (Development and Regulation) Act, 1957 and that the matter is now forwarded to the 1st respondent. It is challenging the aforesaid proceedings, the writ petition is filed. 2. Learned Government Pleader confirms that the proceedings initiated against the vehicle in question are under the Mines and Minerals (Development and Regulation) Act and that it was on account of a mistake that the matter was referred to the 1st respondent. It is submitted that only the Judicial First Class Magistrate concerned has jurisdiction to adjudicate the issue and therefore the proceedings will have to be forwarded to the Magistrate. 3. In the light of the submissions thus made by the learned Government Pleader, I direct the 2nd respondent to report WPC No. 23505/11 :2 : the proceedings in relation to the aforesaid vehicle to the jurisdictional Magistrate as expeditiously as possible at any rate within 10 days of production of a copy of this judgment. It is directed that, once the matter is reported to the Court as above, it will be open to the petitioner to seek interim custody of the vehicle by making appropriate application to the Court. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp