IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 3996 of 2010(Y) ------------------------- PETITIONER(S): --------------- KUNHIMOHAMMED, S/O. SAIDU, CHILLIKOOTTATHIL HOUSE, KARUMALLUR, NORTH PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NORTH PARAVOOR POLICE STATION, ERNAKULAM DISTRICT. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, ALONG WITH W.P.(C).No.4017/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3996/2010-Y & 4017/2010-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T The petitioner in W.P.(C).No.3996/2010 is the owner of a lorry bearing Registration No.KL-42-9052 and the petitioner in W.P.(C).No.4017/2010 is the owner of a lorry bearing Registration No KL-40-8961. It is submitted by the learned counsel for the petitioners that the vehicle in W.P.(C).No.3996/2010 was carrying ordinary soil from the open yard of the Kerala State Warehousing Corporation for supplying soil for the construction purposes to Cherayi and, the vehicle in W.P.(C).No.4017/2010 was carrying soil from Perumbavoor to the open yard of the Kerala State Warehousing Corporation for supplying soil for construction purposes. They were intercepted by the second respondent- Sub Inspector of Police and seizure was effected. According to the petitioners, when the seizure was effected, no copy of the Mahazar was served either on the Driver or the petitioners being the owner of the vehicles. On getting information that the records are being forwarded to the District Collector, the petitioners have approached this Court seeking for appropriate direction to release the vehicles to the respective petitioners. W.P.(C). Nos.3996/2010 and 4017/2010 -:2:- 2. The learned Government Pleader on instructions submitted that the police have registered Crime Nos.209 and 210 for the offences under Section 279 of the I.P.C read with Sections 4(1)(A) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and it is submitted that the vehicles have already been produced before the Judicial Magistrate of the First Class, North Paravoor. 3. The learned counsel for the petitioners submitted that the action taken by the respondents in seizing the vehicles is illegal. It is submitted that there is no violation of the provisions of the relevant statutes or the KMMC Rules. 4. It is for the petitioners to move the Magistrate Court under Sections 451/457 of the Code of Criminal Procedure raising all his contentions. If such applications are filed by the petitioners before the Magistrate concerned seeking interim custody of the vehicles, the same will be considered and orders will be passed in accordance with law. The writ petitions are disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms