IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 14680 of 2011(H) -------------------------- PETITIONER(S): --------------- CHANDRAN, S/O.KESAVAN, VARIARUDE THOPPIL, ERIKAVU P.O., KUMARAPURAM, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. REVENUE DIVISIONAL OFFICER, CHENGANNUR-689 121. 2. THE SUB INSPECTOR OF POLICE, THRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA DISTRICT-688 001. SR GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).14680/2011 .............................................. Dated this the 31st day of May, 2011 JUDGMENT Petitioner has approached this Court with the following prayers:- (i). Declare that seizure of the vehicle mentioned in Ext.P1 by the 2nd respondent for alleged contravention of the provisions of the Mines & Minerals Development and Regulation Act, 1957 as illegal and quash all further proceedings pursuant to Ext.P3 seizure mahazar; (ii). Issue a writ of mandamus or any other appropriate writ commanding the respondents to release the vehicle mentioned in Ext.P1 to the petitioner; (iii). Issue a writ of mandamus or any other appropriate writ commanding the 2nd respondent to produce the vehicles before a Court of competent jurisdiction having power to take cognizance of the offences alleged under the Mines & Minerals (Development & Regulation) Act; 2. The learned counsel for the petitioner submits that the issue has to be dealt with under the relevant provisions of the Mines and Minerals (Development and Regulation)Act, 1957 read with Kerala Minor Mineral Concession Rules, 1967; whereas the W.P.(C).14680/11 2 learned Government Pleader submits, with reference to the contents of Ext.P2 mahazar and also the averments in the writ petition that, it is in relation to the 'kayal sand' and hence has to be dealt with under the relevant provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. It is also relevant to note that the petitioner himself has conceded that his vehicle bearing No.KL-29C-1696 was seized on 19.5.2011 from Pulikeezhupilla Kadavu Road. In any way of the matter, this Court does not propose to have an adjudication on facts and the matter requires to be considered by the first respondent, in the first instance. 3. Accordingly, the first respondent is directed to consider and finalize the proceedings in accordance with law, including the request of the petitioner for interim custody of the vehicle, and pass appropriate orders within 'two weeks' from the date of receipt of a copy of this judgment, taking note of the observations made by the Full Bench of this Court in Shan C.T. Vs. State of Kerala (2010 (3) KHC 333). Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs