IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31383 of 2011(W) ------------------------- PETITIONER(S): ------------------------ 1. RADHAMANI, W/O.SADASIVAN, AGED 53 YEARS, MEENMOOTTICKAL HOUSE, KALLELY P.O, ARUVAPPULAM, KONNI, PATHANAMTHITTA DISTRICT 2. FEBIN K JOSEPH, S/O.JOSEPH, AGED 26 YEARS, PARAKUZHIYIL VEEDU, KALLISSERY MURI, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT BY ADV. SRI.AJITH MURALI RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA ALAPPUZHA DISTRICT- 688 001 2. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR TALUK, ALAPPUZHA DISTRICT - 689 121 3. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT - 689 121 R1 TO R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 31383 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 THE TRUE COPY OF THE REPORT DATED 21/11/2011 PREPARED BY THE 3RD RESPONDENT EXT.P2 THE TRUE COPY OF THE SEIZURE MAHAZAR DATED 21/11/2011 PREPARED BY THE 3RD RESPONDENT. EXT.P3 THE TRUE COPY OF THE GOVERNMENT NOTIFICATION DATED 5.04.2010 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 31383 OF 2011 ----------------------------------------------------- Dated this the 24th day of November, 2011 J U D G M E N T Pleadings in the writ petition are to the effect that the first petitioner is the owner of a tipper lorry bearing Reg.No.KL-02-X-9753 and a JCB bearing Reg.No.KL-3-3Q- 4933. It is also submitted that the 2nd petitioner is the owner of a tipper lorry with Reg.No.KL.27-A-7254. It is their case that the vehicles were seized by the 3rd respondent on 21.11.11 on the allegations that it was used in violation of the provisions contained in Mines and Mineral (Development and Regulation) Act 1957. It is also stated that on seizure of the vehicle the same has been produced before the 2nd respondent. 2. If the offence alleged is under the Mines and Mineral (Development and Regulation) Act, 1957 the vehicles should have been produced before the jurisdictional Magistrate. Therefore I direct the 3rd W.P.(C) No. 31383 OF 2011 :2 : respondent to ensure that the vehicles in question are produced before the jurisdictional Magistrate immediately on the production of a copy of this judgment along with a copy of this writ petition. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge