IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 15672 of 2010(H) --------------------------------------- PETITIONER: ------------------- V.V.JABBAR, AGED 50 YEARS, S/O.VEERAN, VAZHAKKAMADATHIL HOUSE, VELLOOR, P.O, PUTHENCHIRA SOUTH, THRISSUR DISTRICT. BY ADVS. SRI.V.M.KRISHNAKUMAR, SMT.P.A.ANITHA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF INDUSTRIES, (MINING AND GEOLOGY), SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THRISSUR. 3. SUB INSPECTOR OF POLICE, MALA, THRISSUR DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 15672 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2010 J U D G M E N T The petitioner is aggrieved by seizure of his earth mover (JCB) alleging violation of the provisions of the Minor Mineral Concession Rules, while using the same. The counsel for the petitioner seeks release of the vehicle. Counsel for the petitioner submits that the vehicle has not been used for any illegal purposes. He relies on Ext.P2 Government order which permits transport of ordinary earth without any permission from the authority concerned. 2. The learned Government Pleader on instructions submits that, an FIR has been filed before the Chalakudy Judicial First Class Magistrate Court in respect of the same, for offences punishable under the Mines and Minerals (Development and Regulation) Act and therefore the petitioner has to approach the Magistrate for release of the vehicle. In view of the provisions of the above said Act, I am W.P.(C)No. 15672 of 2010 -2- satisfied that the petitioner's remedy lies in approaching the Magistrate's court for appropriate reliefs. Therefore without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN JUDGE shg/