IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23314 of 2011(L) -------------------------- PETITIONER(S): ----------------------- SHAJAN, AGED 40 YEARS, S/O.KRISHNANKUTTY, VAILOPPILLI HOUSE, THRIKKUR, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINING AND GEOLOGY SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DISTRICT COLLECTOR, ERNAKULAM, PIN-682 030. 3. THE DIRECTOR OF MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY, KESAVADASAPURAM, THIRUVANANTHAPURAM, PIN-695 001. 4. SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, ALUVA, ERNAKULAM DISTRICT, PIN-682 030. 5. SENIOR GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY, CIVIL STATION, ERNAKULAM, PIN-682 030. SR.GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23314/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ACKNOWLEDGEMENT OF THE DEPARTMENT OF INDUSTRIES DT 9.9.2008. EXT.P2: TRUE COPY of THE CERTIFICATE OF REGISTRATION DT 3.8.11. EXT.P3: TRUE COPY OF THE LICENCE ISSUED BY THE THRIKKUR PANCHAYAT DT 25.7.11. EXT.P4: TRUE COPY of THE LICENCE DT 1.4.2009 ISSUED TO THE PETITIONER BY THE GEOLOGICAL DEPARTMENT. EXT.P5: TRUE COPY OF THE LETTER DT 5.3.11 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY. EXT.P6: TRE COPY of THE RETAIL INVOICE DT 19.8.11. EXT.P7: TRUE COPY of THE LETTER DT 20.8.11 OF THE SUB INSPECTOR OF POLCE ALUVA EAST. EXT.P8: TRUE COPY of THE LETTER DT 23.8.11 OF THE SENIOR GEOLOGIST. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23314 OF 2011 ===================== Dated this the 5th day of September, 2011 J U D G M E N T Petitioner is a dealer in mattimanal (weathered rock). According to the petitioner, on 19/8/11, in lorry No.KL-8/AS 7002. a truck load of mattimanal was being transported for delivery at the premises of a client. It is stated that, while so, the 4th respondent seized the truck and the load and reported the matter to the 5th respondent. Ext.P7 is the intimation given and in Ext.P8 reply given by the 5th respondent, he suggested that the matter should be reported to the District Collector for further action. It is in these circumstances, challenging the seizure of the vehicle and the truck, the writ petition has been filed by the petitioner relying on Ext.P5 clarification issued by the Mining and Geology Director and also contending that the mattimanal in question does not come within the provisions of the Kerala Minor Mineral Concession Rules. 2. Learned Government Pleader has obtained instructions in the matter. He also concedes that the mattimanal is not a substance which comes with the provisions of the Kerala Minor WPC No. 23314/11 :2 : Mineral Concession Rules. However, according to them, the consignment should be verified to ensure that it is not anything other than mattimanal and that such a process has not been undertaken so far. 3. Now that the controversy is only as to whether the consignment in question is mattimanal or something else, in my view, the matter can be got examined by the 5th respondent himself, and on such examination, if it is found that it is mattimanal as contended by the petitioner, necessarily, the truck and the consignment will be released forthwith. Therefore, I direct that, on the production of a copy of this judgment, the 5th respondent will verify the consignment in question and if the consignment is confirmed to be mattimanal as contended by the petitioner, the 4th respondent will release the lorry and the consignment forthwith. 4. Petitioner to produce a copy of this judgment along with a copy of this writ petition before the respondents for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp