IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5152 of 2008(L) ------------------------- PETITIONER: ---------- BABU RAJ.A., S/O.APPY NADAR, ANGEL MANDIRAM 7/223/5 PEERUCAVU MALAYAINKIL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.M.STEPHEN RESPONDENTS: ----------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM. 2. THE VILLAGE OFFICER VILAPPIL VILLAGE PEYAD, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE VILAPPILSALA POLICE STATION VILAPPILASALA P.O., THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.5152/2008 ----------------------------------------------------------------- Dated this the 20th day of February, 2008 JUDGMENT A tipper lorry bearing registration No. KL-20-4921 was seized and handed over to the police as is seen from Ext.P6 dated 23.1.2008. The allegation appears to be that the lorry and a JCB were involved in illegal filling up of land. Ext.P5 does not disclose as to which legal provision has been violated while the vehicle was working as mentioned therein. 2. Learned Government Pleader today on instruction submits that, though ordinary earth from the purview of KMMC Rules has been removed, in view of the Central Government notification issued way back in 2000 declaring ordinary earth also as a minor mineral, the lorry in question is liable to be proceeded against. This submission of the Government pleader is countered by the counsel for the petitioner contending that the JCB that was seized along 2 with the tipper lorry of the petitioner has already been released unconditionally. If as a matter of fact the JCB has been released as contended by the learned counsel for the petitioner, I do not find any reason to have a different yardstick in so far as the tipper lorry of the petitioner is concerned. 3. Therefore, I direct that the 3rd respondent shall release the tipper lorry belonging to the petitioner, if the JCB seized along with the lorry has already been released. In case the tipper lorry to be released, that will be on condition that the petitioner furnishes an undertaking not to alienate the tipper lorry and also to produce the same as and when necessary. It is also directed that this judgment will not stand in the way of the respondent launching any proceedings that is permissible in law against the petitioner. Writ Petition is disposed of as above. ANTONY DOMINIC vi JUDGE