IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 8259 of 2011(F) ------------------------- PETITIONER(S): --------------- 1. ANIL KUMAR, SON OF BHASKARAN NAIR, AGED 39 YEARS, MANGALATHU HOUSE, CHATHIYARA, THAMARAKULAM PO, MAVELIKKARA, ALAPPUZHA DISTRICT. 2. SAJI MATHEW, SON OF MATHEW, RESIDING AT PALAVILA PADITTATHIL, VETTIKKODU P.O., KATTANAM, MAVELIKARA, ALAPPUZHA DISTRICT. 3. SASIDHARAN NAIR.B.K, SON OF KESAVAN NAIR, VAZHAVILAYIL, CHATHIYARA, THAMARAKULAM P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 4. HAKKIM RAWTHER, SON OF MOHAMMED RAWTHER, RESIDING AT KUZHIYATHU VADAKKEPURA, ERUMAKUZHY, NOORANAD, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA-689 645. 2. THE TAHSILDAR, TALUK OFFICE, REVENUE TOWER, ADOOR P.O., PATHANAMTHITTA DISTRICT-691 523. 3. THE VILLAGE OFFICER, PERNINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-691 528. 4. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, ADOOR, PIN-691 523. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON 16/03/2011 DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.8259 OF 2011 -------------------------------- Dated this the 17th day of March 2011 JUDGMENT The prayers raised in the Writ Petition are as follows: i) Declare that seizure of the vehicles mentioned in Exts.P1 to P5 by the 3rd respondent for alleged contravention of the provisions of the Mines & Minerals Development and Regulation Act, 1957 as illegal and quash all further proceedings pursuant to Ext.P6 and P8 reports. ii) Issue a writ of mandamus or any other appropriate writ commanding the 1st respondent to release the vehicles mentioned in Exts.P1 to P5 to the petitioners 1 to 4 respectively. Iii) To pass such orders or reliefs as this Hon'ble Court deems fit in the interest of justice. 2. Heard the learned Govt. Pleader as well. 3. The petitioner has preferred Ext.P9 representation before the 1st respondent and has contended in 'Ground B' that the 1st respondent is bound to consider and pass orders on Ext.P9 request and release the vehicles. 4. In the above circumstances, the 1st respondent is directed to consider and finalise the matter with regard to the proceedings referred to in Ext.P8 report of the 2nd respondent. The proceedings as above shall be finalised in accordance with law, after hearing the petitioner, as expeditiously as possible, W.P.(C) No. 8259/11 - 2 - at any rate within 'two weeks' from the date of receipt of a copy of this judgment; on condition that the petitioner produces a copy of this judgment along with a copy of the Writ Petition before the said respondent for further steps. Writ Petition is disposed of. Vdv P.R.RAMACHANDRA MENON, JUDGE