IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32918 of 2011(L) ------------------------------------- PETITIONER(S): ---------------------- 1. ANEESH, AGED 30 YEARS, S/O.ROWLA KUNJU, KUNNAMPALLIL, KANNAMPALLI BHAGOM, KAYAMKULAM, ALAPPUZHA. 2. MATHEW DANIEL, S/O.DANIEL, MANGALATHU PADINJATTETHIL, PARAKOOTTAM P.O., MANAKKALA, ADOOR PATHANAMTHITTA DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SAMUEL DANIEL. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): ----------------------- 1. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM, ALAPUZHA DISTRICT, PIN-690502. 2. REVENUE DIVISIONAL OFFICER, ALAPPUZHA, PIN-688001. 3. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, ALAPPUZHA DISTRICT-688007. BY GOVT. PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.32918/2011 APPENDIX PETITIONER(S) EXHIBITS P1: COPY OF THE GOODS CARRIAGE PERMIT ISSUED RELATING TO VEHICLE NO.KL- 29-C-7690. P2: COPY OF THE GOODS CARRIAGE PERMIT ISSUED RELATING TO VEHICLE NO.KL- 26B-2622. P3: TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED RELATING TO VEHICLE NO.KL-25-4862 P4: TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED RELATING TO VEHICLE NO.KL-26B-5747. P5: COPY OF THE ORDER NO.H.5763/2011/H DATED 21-11-2011 PASSED BY THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA. P6: COPY OF THE ORDER DATED 28-1-2011 ISSUED BY THE ADDITIONAL CHIEF SECRETARY ON BEHALF OF THE GOVERNMENT OF KERALA. P7: COPY OF THE INTERIM ORDER MADE IN IA 6412/2011 IN WPC 7390/2011 DATED 7-7-2011. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32918 of 2011 L ``````````````````````````````````````````````````````````` Dated this the 9th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ First petitioner claims to be the owner of lorry bearing registration No.KL-29C-7690. Second petitioner claims to be the owner of lorries bearing registration Nos.KL-26B-2622, KL-25-4862 and KL-26B-5747. According to the petitioners, the 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. 2. If as stated by the petitioners, 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. W.P.(C) No.32918/2011 : 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. Petitioners shall produce a copy of this judgment and writ petition before the first respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks/09/12 // True Copy // P.A. To Judge