IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 1129 of 2008(H) ------------------------- PETITIONERS: ---------------------- 1. PRAVASI EARTH MOVERS, REPRESENTED BY ITS PROPRIETOR, C.K.MOHAMMED SALEEM, S/O.KUNJUMOHAMMED MOULAVI, AGED 35 YEARS, CHOOLIPURATH HOUSE, MANNOOR, KALADY P.O., VATTAMKULAM VILLAGE, PONNANI TALUK, MALAPPURAM DIST. 2. N.V.YAHOO, S/O.SIYAMU, AGED 52 YEARS, NAMPIYARATH VALAPPIL HOUSE, THAVANUR P.O. PONNANI TALUK. BY ADV. SRI.T.V.GEORGE SRI. BALACHANDRA KAIMAL RESPONDENTS: ------------------------ 1. V.V.BHARATHAN, VILLAGE OFFICER, ALAMKODE VILLAGE OFFICE, ALAMKODE, PONNANI TALUK, PONNANI. 2. THULASIDAS, VILLAGE OFFICER, PONNANI VILLAGE OFFICE, PONNANI TALUK. 3. SUB INSPECTOR OF POLICE, CHANGARAMKULAM, PONNANI TALUK, MALAPPURAM DIST. 4. THASILDAR, PONNANI. R3 & R4 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 1129 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st July, 2009. J U D G M E N T Tipper lorries belonging to the petitioners have been hired out to the 1st respondent for carrying out certain work involving transportation of earth. While these vehicles were transporting ordinary earth, the same were seized by the 3rd respondent as per Exts.P3 and P4 seizure mahazars. The petitioners are challenging those seizure mahazars and seeking the following reliefs: “(i) call for the entire records relating to the above case; (ii) issue a writ of certiorari or any other appropriate writ, direction or order, quashing Exts. P3 and P4 seizure mahassers; (iii) Issue a writ of mandamus or any other appropriate writ, direction or order, commanding respondents to release the two tipper lorries bearing Reg. No. KL-54-3444 and KL-10-Y-6319, seized by them, without any conditions, immediately to the petitioners.” 2. According to the petitioners, there is no provision under any law for seizure of vehicles transporting earth, although there is a provision in respect of river sand under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Therefore, the seizure is illegal and unsustainable, is the contention raised by the petitioners. 3. A counter affidavit has been filed supporting the seizure. 4. I have specifically asked the learned Government Pleader as to under what provision of law the seizure has been made. Of course, the learned Government Pleader points out that there is a provision for seizure and confiscation of vehicles under the Conservation of Paddy Land and Wet Land Act, 2008 (Kerala) Act 28 of 2008. But, at the time of seizure in this case that law was still in its infancy insofar W.P.C. No. 1129/2008 -: 2 :- as only a bill had been introduced in the Assembly and the same had not matured into a law. That being so, it remains a fact that at the time of the seizure, the seizure of the vehicles was not supported by sanction of law. That being so, the seizure is illegal and unsustainable. Accordingly, Exts.P3 and P4 are quashed. The vehicles have already been released pursuant to an interim order in this writ petition on 9-1-2008. That being so, no further proceedings can be taken against those vehicles pursuant to Exts.P3 and P4. It is declared so. However, I make it clear that this shall not stand in the way of the respondents taking appropriate proceedings, if they are of opinion that either the petitioners or persons who hired the vehicles of the petitioners are guilty of any offence under the Kerala Minor Mineral Concession Rules or any other law. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/