IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 26441 of 2005(W) -------------------------- PETITIONERS: ---------------- 1. BIJUDHEEN P.M., AGED 35 YEARS, S/O. MOIDEEN V,I. PARELIL HOUSE, PALAPARASSERY, CHENGAMANAD P.C., ALUVA TALUK, ERNAKULAM DISTRICT. 2. IBRAHIM K.S., AGED 33 YEARS, S/O. SAIDUMUHAMMED, KOCHUMADATHIL, PALAPARASSERY, CHENGAMANAD P.O., ALUVA TALUK, ERNAKULAM DISTRICT. 3. SUNEER N.A., AGED 36 YEARS, S/O. ABDULKHADER, NADUVILAPARAMBIL, PALAPARASSERY, CHENGAMANAD P.O., ALUVA TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.RENJITH MARAR SRI.SUNEER RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 3. THE ADDITIONAL DISTRICT MAGISTRATE, ERNAKULAM. 4. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA, ERNAKULAM. 5. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM. 6. SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, ERNAKULAM DISTRICT. BY GOVT.PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26441 of 2005(W) APPENDIX PETITIONERS' EXHIBITS:- Ext.P1: COPY OF THE DEALERS LICENCE ISSUED TO THE PETITIONER'S IN FORM L OF THE KERALA MINER MINERAL RULES, 1967 DTD.27.8.2005 ISSUED BY THE 5TH RESPONDENT. Ext.P2(series): COPY OF THE CASH MEMORANDUM ISSUED TO THE PETITIONER UNDER FORM P BY VARIOUS DEALERS IN DIFFERENT DISTRICTS. Ext.P3: COPY OF THE STOCK REGISTER KEPT BY THE PETITIONER. Ext.P4: COPY OF THE CORRESPONDING ENTRY IN THE REGISTER BOOK OF THE FIRST PETITIONER OF THE CASH MEMORANDUM ISSUED TO THE 2ND RESPONDENT. Ext.P5: COPY OF THE APPLICATION PREFERRED BY THE 2ND PETITIONER DTD.2.9.2005. Ext.P6: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NUMBERED KL 8 P 1157. Ext.P7: COPY OF THE ORDER BY THE 2ND RESPONDENT DTD.2.9.2005. Ext.P8: COPY OF THE PETITION PREFERRED BY THE 2ND PETITIONER DTD.3.9.2005 BEFORE THE 2ND RESPONDENT. Ext.P9: COPY OF THE CORRESPONDING ENTRY IN THE REGISTER BOOK OF THE FIRST RESPONDENT OF THE CASH MEMORANDUMISSUED TO THE 2ND RESPONDENT. Ext.P10: COPY OF THE REGISTRATION CERTIFICATE OF THE MINI LORRY OWNED BY THE 3RD RESPONDENT. Ext.P11: COPY OF THE APPLICATION PREFERRED BY THE 3RD PETITIONER DTD.2.9.2005. Ext.P12: COPY OF THE ORDER DTD.5.9.2005. Ext.P13: COPY OF THE PETITION PREFERRED BY THE 3RD PETITIONER. RESPONDENTS' EXHIBITS:- NIL. ( true copy ) PA TO JUDGE kvs/- KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 26441 OF 2005 --------------------------------------- Dated this the 27th day of June, 2008. J U D G M E N T In the matter of release of petitioners' vehicle, there is already an interim order dated 06.09.2005. One of the main grievances of the petitioners is that the impugned action has been taken without notice to them. 2. There will be a direction to the second respondent to issue notice to the petitioners, hear their objections and any other affected party and pass appropriate orders in the matter in accordance with law within a period of six months from today. The fate of the bank guarantee as per the interim order dated 06.09.2005 will depend on the action thus taken by the District Collector. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 26441 OF 2005 J U D G M E N T 27.06.2008