IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32865 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------ NASEER AHAMMED, S/O. HAMSU, AGED 30 YEARS, MATTUMATHODIYIL HOUSE, THIRUVEGAPURA, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): --------------------------- 1. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PIN-679 101. 2. THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, PALAKKAD DISTRICT, PIN-679 536. R1 & R2 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, ALONG WITH WP(C)NO.32870/2011 AND WP(C)NO.32939/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.32865/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT ON 30/11/2011. P2 COPY OF THE REPORT FORWARDED BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT DATED, 30/11/2011. P3 COPY OF THE G.O.(MS)NO.85/2010 DATED, 5/4/2010 OF THE DEPARTMENT OF INDUSTRY, GOVERNMENT OF KERALA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) Nos. 32865, 32870 & 32939 of 2011 ``````````````````````````````````````````````````````````` Dated this the 9th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners in these cases claim to be owners of vehicle Nos.KL-52C-3143, KL-4V-1206 and KL-52-2413. According to the petitioners, on the allegation that they have used the vehicles in violation of the provisions contained in Mines and Minerals (Development and Regulation) Act, 1957 and Kerala Minor Mineral Concession Rules, 1967, the second respondent seized the vehicles and made a report to the first respondent. Complaint is that further action is not initiated. However, in view of the statutory provisions, the power to deal with the finalisation under the aforesaid Act and Rules is vested with the Judicial Magistrate concerned. Therefore, I dispose of these writ petitions directing that, on the production of a copy of this judgment, the second respondent will produce the vehicles before the W.P.(C) No.328652011 & connected cases : 2 : Judicial Magistrate concerned, at any rate, within seven days thereafter. Needless to say that, it will be open to the petitioners to seek orders on application for interim custody of the vehicles as well. Petitioners shall produce a copy of this judgment and writ petition before the second respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/09/12 // True Copy // P.A. To Judge