IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.CHITAMBARESH TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 WP(C).No. 35205 of 2011(A) -------------------------- PETITIONER(S): --------------- V.S.NANUKUTTAN S/O.VIJAYAN VIJAYA HOUSE, KUDASSANADU P.O. MAVELIKKARA, PIN 689 512 ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE KAYAMKULAM POLICE STATION KAYAMKULAM, ALAPPUZHA DISTRICT PIN 690 502. 2. REVENUE DIVISIONAL OFFICER ALAPPUZHA, PIN 688 001. 3. THE DISTRICT COLLECTOR CIVIL STATION, ALAPPUZHA ALAPPUZHA DISTRICT 688 007. GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 35205/11 APPENDIX PETITIONER' EXHIBITS : EXT.P1: COPY OF THE GOODS CARRIAGE PERMIT RELATING TO VEHICLE KL 43A 222. EXT.P2: COPY OF THE GOODS CARRIAGE PERMIT RELATING TO VEHICLE KL 02U 1183 EXT.P3: COPY OF THE ORDER DATED 28.1.2011 ISSUED BY THE ADDITIONAL CHIEF SECRETARY ON BEHALF OF THE GOVERNMENT OF KERALA. EXT.P4: COPY OF THE INTERIM ORDER MADE IN IA NO.6412/11 IN WPC NO.7390/2011 DATED 7.7.2011. EXT.P5: COPY OF THE JUDGMENT MADE IN WPC 32918/2011 DATED 9.12.2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// PA TO JUDGE V.CHITAMBARESH, J. --------------------------------- W.P.(C).No.35205 of 2011 ---------------------------------- Dated this the 27th day of December, 2011 JUDGMENT The petitioner is the owner of two heavy goods vehicle tipper lorries bearing registration Nos.KL-43A-222 and KL-02U- 1183. The petitioner contends that his vehicles were detained by the first respondent on the allegation of violation of Kerala Minor Mineral Concession Rules, 1967. It is stated that despite such detention, proceedings are not continued and, therefore, this Writ Petition is filed. The petitioner relies on Exhibit P5 judgment passed under similar circumstances. 2. If as stated by the petitioner, the proceedings initiated by the first respondent is under the Mines and Minerals (Development and Regulation) Act, 1957 or the Kerala Minor Mineral Concession Rules, 1967, the said Act and the Rules contemplate proceedings only before the Judicial Magistrate concerned. WPC 35205/11 2 3. In such circumstances, I dispose of the Writ Petition directing that, on the production of a copy of this judgment, the first respondent will produce the vehicles in question before the Judicial Magistrate concerned forthwith. Petitioner shall produce a copy of this judgment and Writ Petition before the first respondent for compliance. V.CHITAMBARESH JUDGE csl