IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 5552 of 2010(T) ------------------------- PETITIONER: --------------- P.R.RAJESH, SANTHOSHAM RED EARTH FILTER SAND, KOZHUKULLY P.O.THRISSUR -680752. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: --------------- 1. SUB INSEPCTOR OF POLICE, MANNUTTY POLICE STATION, ERNAKULAM DISTRICT. 2. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, XI/130-A,THIRUVONATH TEMPLE ROAD, AYYANTHOLE, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY THE DEPARTMENT OF MINING & GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O. THIRUVANANTHAPURAM -695004. GOVERNMENT PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.5552 of 2010 ------------------------------------------------ Dated this the 2nd day of March, 2010 JUDGMENT Heard the learned counsel for the petitioner and the learned Government Pleader. 2. The petitioner is a licensee under the Kerala Minor Mineral Concession Rules, 1957 to sell, stock and to exhibit for sale filtered sand. Ext.P1 is the copy of the license issued by the second respondent. 3. The vehicle namely JCB Excavator having registration No.KL08 AM 836 used by him was seized by the Police and subsequently prayer for release of the vehicle was considered by the Judicial Magistrate of the First Class, Thrissur, which is evidenced by Ext.P3 order. A direction to release the vehicle on certain conditions was issued. Being not satisfied with the order, the petitioner challenged it by filing Crl.M.C.160/10 and the same stands dismissed. Thereby Ext.P3 order has been confirmed. 4. The main prayer in the writ petition is for a direction to release the vehicle or alternatively to issue a direction to the W.P.(C)No.5552 of 2010 2 first respondent to permit the petitioner to compound the offences under Section 23A of the MMDR Act. It is upto the petitioner to approach the Criminal Court or the competent authority in the matter. Hence, leaving open the said remedy, this writ petition is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE skj