IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 10790 of 2011(W) ---------------------- PETITIONER : -------------------- DEVAN, S/O.MADHAVAN, AGED 32 YEARS, A.V.P.ROAD, VALLODI, KANJIKODE, PALAKKAD. BY ADVS. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD - 678 001. 2. THE SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, WALAYAR P.O., PALAKKAD - 678 001. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2011, ALONG WITH WP(C) NO. 10791/2011 & WP(C) NO. 10793/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) Nos. 10790, 10791 & 10793 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of April , 2011 JUDGMENT The relief sought for in all these writ petitions is rather similar and hence the matters are dealt with together. 2. The vehicles belonging petitioners (bearing Nos. KL 08 G 6250, KL 09 C 2907 and KL 09 X 4106 respectively) were seized by the second respondent on 27.03.2011, as per Ext. P2 seizure mahazar. The case of the petitioners is that, the action pursued by the second respondent is quite contrary to the legal provisions and also the specific instructions given as per Ext. P6 Government Order dated 05.04.2010. Placing reliance on the said Government Order, the learned counsel for the petitioners submits that, no permission whatsoever is required so as to transport the 'ordinary earth', which made the petitioners to approach this Court for appropriate relief. 3. The learned Government Pleader appearing for the respondents submits that, the idea and understanding of the petitioners as to the scope of Ext. P6 Government Order is not fully correct. It is brought to this Court that, pursuant to the seizure made by the second respondent, crime has been registered against respect of the offenders W.P. (C) No. 10790 of 2011 and connected cases : 2 : for the offence under Section 4 (1A) read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and the vehicles have already been produced before the Judicial First Class Magistrate's Court - I, Palakkad. In the said circumstances, these writ petitions are disposed of, reserving the rights and liberties of the petitioners to approach the concerned Magistrate's Court, for obtaining interim custody of the vehicles, subject to the conditions to be fixed by the said Court. P. R. RAMACHANDRA MENON, JUDGE kmd