IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16935 of 2011(N) -------------------------- PETITIONER: --------------- SAJAN THOMAS , KANNAMALA THADATHIL HOUSE PUTHUSSERY PO, KALLOOPPARA,MALLAPPALLY, PATHANAMTHITTA. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SMT.APARNA RAJAN RESPONDENTS: --------------- 1. THE ADDITIONAL TAHSILDAR MALLAPPALLY TALUK, MALLAPPALLY, PATHANAMTHITTA 689 584. 2. THE SUB INSPECTOR OF POLICE KEEZHVAYIPUR POLICE STATION MALLAPPALLY, PATHANAMTHITTA 689 584. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16935 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE NO. KL.28/7734 EXT.P1(a) : TRUE COPY OF THE TAX RECEIPT DATED 18.02.2010. EXT.P2 : TRUE COPY OF THE ORDER OF THE TAHSILDAR DATED 10.03.2011. EXT.P3 : TRUE COPY OF THE GOVERNMENT ORDER DATED 05.04.2010. EXT.P4: : TRUE COPY OF THE MAHAZAR DTD. 18.06.2011 EXT.P5 : TRUE COPY OF THE PHOTOGRAPH EXT.P5(a) : TRUE COPY OF THE PHOTOGRAPH EXT.P5(b) : TRUE COPY OF THE PHOTOGRAPH /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 16935 OF 2011 ......................................................................... Dated this the 23rd June , 2011 J U D G M E N T The petitioner is aggrieved of the seizure of the vehicle bearing No.KL.28/7734 by the second respondent alleging violation of relevant provisions of the Mines and Minerals (Development and Regulation )Act,1957 and Kerala Minor Mineral Concession Rules, 1967. The challenge has been raised on many a ground. The learned Counsel for the petitioner submits that the respondents are liable to produce the vehicle before the court of competent jurisdiction, so as to enable the petitioner to pursue the remedy in accordance with the relevant provisions of law. 2. Heard the learned Government Pleader as well. 3. In view of the limited nature of the relief now pressed before this Court, this Court does not find it necessary to adjudicate the matter on merits. Accordingly, the writ petition is disposed of, directing the respondents to cause production of the W.P.(C) No. 16935 OF 2011 2 vehicle before the competent Court, if any contravention of relevant provisions of law is there, within three days from the date of production of a copy of the judgment; simultaneously informing the petitioner as to the Court before which the vehicle is intended to be produced . It is made clear that this will not bar the way of the respondents in proceeding with appropriate steps in connection with the offence, if any, against the petitioner. P.R. RAMACHANDRA MENON, JUDGE. lk