IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 1188 of 2011(W) ----------------------- PETITIONER : --------------------- K.ABOOBAKER, S/O.MOOSA KUNHI, AGED 57 YEARS, VOKKETHUR HOUSE, VITTAL PO, BANTWAL TALUK, D.K.DISTRICT, KARNATAKA REPRESENTED BY HIS POWER OF ATTORNEY HOLDER K.C.RAMEESH, S/O.CHANDRASHAKARA AGED 30 YEARS, ALEJI HOUSE, KALLERI VILLAGE, URAVALU POST, BALTHANGADY THALUK, KARNATAKA. BY ADV. SRI.JACOB E. SIMON RESPONDENT(S): ------------------------- 1. THE REVENUE DIVISIONAL OFFICER, KASARAGOD AT KANHANGAD-671 315. 2. THE SUB INSPECTOR OF POLICE/STATION HOUSE OFFICER, BADIADKA POLICE STATION, KASARAGOD DISTRICT-671312. 3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, ALONG WITH WP(C) NO.1203/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. ------------------------- W.P (C) Nos.1188 & 1203 of 2011 -------------------------- Dated this the 13th January, 2011 J U D G M E N T Petitioners claim to be the registered owners of Tipper lorries bearing Reg.Nos.KA-50/1262 and KA-21/A- 72. On seizure of the vehicles, the vehicles were produced before the 1st respondent who has passed Ext.P3 orders directing release of the vehicles on imposition of fine mentioned therein. It is challenging Ext.P3 orders, these writ petitions have been filed. 2. It cannot be disputed that under the Mines and Minerals (Development and Regulation)Act 1957, only the court can impose fine and if that be so, Ext.P3 order is clearly impermissible and unsustainable. 3. Therefore I quash Ext.P3 orders in these writ petitions and direct that on production of a copy of this judgment along with a copy of the writ petition before the 2nd respondent in these cases, shall produce the vehicles before the jurisdictional Magistrate for further proceedings in accordance with the Act. It is clarified that on such production, it will be open to the petitioner to W.P (C) Nos. 1188 and 1203 of 2011 2 make application for interim custody in which event it is up to the court to pass orders in the matter. Writ petitions are disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) Nos. 1188 and 1203 of 2011 3