IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28716 of 2011(L) -------------------------- PETITIONER: ------------------ CHACKO, S/O.KOCHUKUNJU CHACKO, ANEESH BHAVAN, CHERUTHANA P.O., KARUVATTA, ALAPPUZHA. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ---------------------- 1. THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT, PIN-690 572. 2. REVENUE DIVISIONAL OFFICER, (SUB DIVISIONAL MAGISTRATE), CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 121. 3. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, PIN-688 001. R1 TO R3 BY GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG W.P (C) No.28716/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE PERMIT OF HEAVY GOODS VEHICLE BEARING REGISTRATION NO.KL-29D-4226 ISSUED BY THE JOINT REGIONAL TRANSPORT OFFICE, KAYAMKULAM. EXT.P2 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 1ST RESPONDENT EVIDENCING SEIZURE OF THE VEHICLE MENTIONED I IN EXHIBIT.P1. EXT.P3 TRUE COPY OF THE REPORT DATED 24.10.2011 ISSUED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER DATED 28.1.2011 ISSUED BY THE ADDITIONAL CHIEF SECRETARY ON BEHALF OF THE GOVERNMENT OF KERALA. EXT.P5 TRUE COPY OF THE INTERIM ORDER MADE IN I.A.NO.6412/2011 IN W.P.(C)NO.7390/2011 DATED 7.7.2011. EXT.P6 TRUE COPY OF THE JUDGMENT MADE IN W.P(C)NO.23505/2011 DATED 5.9.2011. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28716 OF 2011 ----------------------------------------------------- Dated this the 28th day of October, 2011 J U D G M E N T Petitioner claims to be the registered owner of a vehicle bearing Reg.No.KL-29D-4226. According to the petitioner while the vehicle was used for transportation of red-earth, the same was seized by the first respondent and it is challenging the said seizure, this writ petition is filed. From the facts pleaded by the petitioner it appears that the proceedings which led to the seizure are initiated under the provisions of the Kerala Minor Mineral Concession Rules and Mines and Mineral (Development and Regulation) Act. If that be so, what is required is that the vehicle seized on 24.10.2011 should be produced before the jurisdictional Magistrate. This the first respondent shall do forthwith on the production of a copy of this judgment along with a copy of this writ petition. The writ petition is disposed of accordingly. ANTONY DOMINIC, JUDGE ul/-