IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 12215 of 2011(B) -------------------------- PETITIONER(S): --------------- P.R.SUJEESH, PULLANIPARAMBATH HOUSE, VAKA P.O., MATTAM, VIA THRISSUR BY ADV. SRI.S.VIDYASAGAR SRI.K.K.CHANDRADAS SRI.N.JAGAT RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TVM 2. THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR, 3. THE REVENUE DIVISIONAL OFFICER, THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR 4. THE SUB INSPECTOR OF POLICE, CHAVAKKAD GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................... W.P.(C).12215/2011 ....................... Dated this the 12th day of April, 2011 JUDGMENT The lorry bearing No.KL-46 D 3380, belonging to the petitioner was taken into custody on 8.4.2011 for allegedly involving in illegal transportation of ordinary sand. 2. The learned counsel for the petitioner, with reference to Ext.P8 Government Order dated 5.4.2010, submits that the custody of the vehicle taken by the fourth respondent is per se wrong and illegal, as no prior permission is required as stated in Ext.P2. Such contention is sought to be opposed by the learned Government Pleader stating that ordinary sand is very much a 'minor mineral' as defined under Section 3(e) of Mines and Minerals (Development and Regulation)Act, 1957. However, this Court finds that this is a matter which requires to be considered by the second respondent, the District Collector, at the first instance. 3. Accordingly, the writ petition is disposed of directing the second respondent to consider and finalise the W.P.(C).12215/2011 2 proceedings pursuant to Ext.P7 mahazar and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within one month from the date of production of a copy of this judgment. 4. The prayer for interim release of the vehicle shall also be considered by the second respondent, subject to appropriate terms and conditions to be fixed in this regard; which shall be done forthwith, at any rate within ten days. Petitioner shall produce a copy of this judgment along with the copy of the writ petition before the second respondent for compliance. P.R.RAMACHANDRA MENON, Judge mrcs