IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 31414 of 2010(B) -------------------------- PETITIONER(S): -------------------- RAJU.K, S/O.KARUTHAKUNJU, PULINCHIKKATTIL HOUSE, KODUKULANJIKARODU, KOZHUVALLUR PO, CHENGANNUR TALUK ALAPPUZHA DISTRICT PIN 689 521. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): ---------------------- 1. SUB INSPECTOR OF POLICE CHENGANNUR PIN 689 121 2. THE REVENUE DIVISIONAL OFFICER (SUB COLLECTOR) CHEGANNUR PIN 689 121 3. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001 GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, ALONG WITH WPC NO.31429/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 31414 & 31429 OF 2010 ========================== Dated this the 13th day of October, 2010 J U D G M E N T Petitioners are owners of tippy lorry bearing Regn. No.KL-2 R 9728 and JCB bearing Regn.No.KL-29 5821. Their complaint is that the 1st respondent has seized the vehicles alleging violation of provisions under the Mines and Minerals (Development & Regulation) Act, 1957. It is stated that proceedings are even now kept pending by the 2nd respondent without lodging the FIR or other records before the Judicial First Class Magistrate Court, Chengannnur. It is stated that, as a result of the above, petitioners are prevented even from obtaining interim custody of the vehicles. 2. From the pleadings in the writ petitions, proceedings initiated against the petitioners are under the Mines and Minerals (Development & Regulation) Act, 1957. If that be so, proceedings will have to be lodged before the Judicial First Class Magistrate Court concerned, from where the owners can seek orders of interim custody of the vehicle as well. 3. Now that the petitioners have complained that the FIR WPC Nos. 31414 & 31429/10 :2 : and other records are yet to be lodged before the Court concerned, it is directed that on the production of a copy of this judgment, the 1st respondent will ensure that the proceedings of the cases are lodged before the appropriate Court, in which event, it will be open to the petitioners to seek interim custody of the vehicles referred to above. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp