IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26519 of 2008(F) -------------------------- PETITIONERS: ----------------- 1. DAMODARAN NAIR, AGED 55 YEARS, S/O. T. KUNHIRAMAN NAIR, RESIDING AT 15/372, ASOK NIVAS, KANHANGAD SOUTH POST, KANHANGAD, KASARGOD DISTRICT. 2. T. THAMBAN, AGED 47 YEARS, S/O. VAYAKKODAN AMBUNHI, RESIDING AT PPW/7/162, THATHRAN VEEDU, MADHURAMBADI, HARIPURAM POST, PULLUR VILLAGE, ANANDASHRAM KASARGOD DISTRICT. 3. IBRAHIM M.K., AGED 46 YEARS, S/O. M. MUHAMMED KUNHI HAJI, IMEMKOL HOUSE, KALANAD POST, KALANAD VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN SRI.T.MADHU RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KASARGOD. 3. THE REVENUE DIVISIONAL OFFICER, KASARGOD AT KANHAGAD. 4. THE TAHSILDAR, HOSDURG TALUK, KASARGOD DISTRICT. 5. THE GEOLOGIST, DISTRICT OFFICE, KASARGOD. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.26519 OF 2008 ---------------------------------------- Dated this the 2nd day of September, 2008 JUDGMENT The petitioners are aggrieved by seizure of the petitioners' vehicles on allegations of violation of the provisions of the Kerala Minor Mineral Concession Rules. The petitioners' contention is that going by the decision in Sanjayan V. Tahsildar [2007(4) KLT 597 (SC)], the respondents are bound to file a complaint before the appropriate Criminal Court and produce the vehicles also before the Criminal Court. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 4th respondent to file an appropriate criminal complaint and produce the vehicles also before the appropriate authority within a period of two weeks form the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd