IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 13299 of 2011(J) -------------------------- PETITIONERS: --------------- 1. MATHAI P.V,AGED 54 YEARS,S/O.LATE VARGHESE, PATTARUMADATHIL HOUSE, KUNNAMTHANAM VILLAGE, THIRUVALLA, PATHANAMTHITTA. 2. KUNJUKUNJU GEORGE, AGED 50 YEARS, S/O.KURIAKOSE VARGHESE,THEKKEKARA HOUSE, KUNNAMTHANAM VILLAGE, THIRUVALLA,PATHANAMTHITTA. BY ADV. SRI.LALJI P.THOMAS RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB COLLECTOR (REVENUE DIVISIONAL OFFICER) THIRUVALLA, PIN - 689 645. 3. TAHSILDAR, TALUK OFFICE, MALLAPPALLY-689647. 4. THE SUB INSPECTOR OF POLICE, KEEZVAIPUR, MALLAPPALLY-689647, PATHANAMTHITTA DISTRICT. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.13299 OF 2011 -------------------------------------------------- Dated this the 26th day of May 2011 JUDGMENT The petitioners have approached this Court with the following prayers: i) Issue a writ in the nature of mandamus or other appropriate writ order to stay on Ext.P4 on directing the 3rd respondent to release the petitioners' vehicles bearing Nos. KL-28-A 1202 and KL-28-1833 subject to the terms and conditions as are deemed fit and proper by this Hon'ble Court. ii) To issue a direction that the vehicle bearing Reg. Nos.KL-28-A 1202 and KL-28-1833 are liable to be released to the petitioners pending finalisation of proceedings if any. iii) Call for the records leading upto Ext.P5 and issue a writ in the nature of certiorari or any other appropriate writ. iv) Such other appropriate writ order or direction as this Hon'ble Court may deem fit and proper to meet the ends of justice. v) Award costs of the petitioners. 2. When the matter came up for consideration on 17-05-2011, the following interim order was passed. “Government Pleader submits that the gravel, which is being carried in the vehicle, is in the nature of of laterate is coming within the purview of Minor Mineral Concession Rules. But, by virtue of Ext.P5, the Government had clarified that ordinary earth is not a minor mineral, which is included under the above said Rules. Therefore, there will be an interim direction to the respondents to release the vehicles bearing W.P.(C) No.13299/2011 2 Nos.KL-28-A 1202 and KL-28-1833 within 3 days from the date of receipt of a copy of this order. Post the matter on 26-05-2011 ”. 3. The learned Government Pleader appearing for the respondents submits that, the matter has to be adjudicated by the 3rd respondent in accordance with law. 4. In the above circumstances, the Writ Petition is disposed of, directing the 3rd respondent to consider the grievance forming the subject matter of Ext.P4 Seizure Mahazar produced by the petitioners and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate within 'three days' from the date of receipt of a copy of this judgment. 5. The petitioners shall produce a copy of this judgment along with a copy of the Writ Petition before the 3rd respondent for taking further steps. vdv P.R.RAMACHANDRA MENON, JUDGE