IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 17384 of 2011(W) -------------------------- PETITIONER(S): --------------- NARAYANADAS,S/O.LATE PANKAJAKSHA KARTHA, R/AT ANANTHA BHAVANAM,KODAMTHURUTH VILLAGE, CHERTHALA TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.S.SUDHISH KUMAR SRI.K.B.DAYAL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,COLLECTORATE, ALAPPUZHA. 2. THE STATION HOUSE OFFICER, KUTHIATHODE POLICE STATION, CHERTHALA TALUK,ALAPPUZHA DISTRICT. 3. TOMY SEBASTIN, SUB INSPECTOR OF POLICE, KUTHIATHODE,CHERTHALA TALUK,ALAPPUZHA DISTRICT. GP SRI.M.H. HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17384 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE 2ND RESPNDENT DATED 3.5.11 EXT.P2- TRUE COPY OF THE SEIZURE MAHAZAR WITH REGARD TO VEHICLE NO.KL 41E/0137 EXT.P3- TRUE COPY OF THE SEIZURE MAHAZAR WITH REGARD TO VEHICLE NO.KL7/BM/9873 EXT.P4- TRUE COPY OFO THE DIRECTION OFO THE FIRST RESPONDENT TO THE TAHSILDAR EXT.P5- TRUE COPY OF THE REPORT OFO THE VILOLAGE OFFICER, KODAMTHURUTH TO THE ADDITIONAL TAHSILDAR, CHERTHALA EXT.P6- TRUE COPY OF THE MAHAZAR & THANDAPER DETAILS SUBMITTED BY THE VILLAGE OFFICER, KODAMTHURUTH TO THE 2ND RESPONDENT EXT.P7- TRUE COPY OF THE REPORT OF THE TAHSILDAR TO THE 1ST RESPONDENT EXT.P8- TRUE COPY OF THE ORDER DATED 20.5.11 ISSUED BY THE FIRST RESPONDENT EXT.P9- TRUE COPY OF THE CASH RECEIPT ISSUED BY THE TAHSILDAR CHERTHALA, DATED 21.5.11 EXT.P10- TRUE COPY OF THE INTIMATION ISSUED BY THE TAHSILDAR, CHERTHALA TO THE 2ND RESPONDENT EXT.P11- TRUE COPY OF THE CASH RECEIPT ISSUED BY THE OWNERS OF THE VEHICLES TO THE TAHSILDAR, CHERTHALA EXT.P12- TRUE COPY OF THE CASH RECEIPT ISSUED BY THE OWNER OF THE VEHICLE NO.KL7-BM/9873 TO THE TAHSILDAR, CHERTHALA EXT.P13- TRUE COPY OF THE CASH RECEIPT ISSUED BY THE OWNER OF VEHICLE NO.KL7.BM.9873 EXT.P14- TRUE COPY OF THE CASH RECEIPT ISSUED BY THE OWNER OF VEHICLE NO.KL-41E 0137 EXT.P15- TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE BOARD OF REVENUE (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).17384/2011 .............................................. Dated this the 22nd day of July, 2011 JUDGMENT Petitioner is aggrieved by Ext.P8 order passed by the first respondent levying fine exercising his powers under the provisions of the Kerala Minor Mineral Concession Rules, 1967. Aggrieved by the said order, petitioner appears to have filed Ext.P15 appeal before the Board of Revenue, which obviously is not a body now in existence. After filing Ext.P15, petitioner has approached this Court praying for a direction to the second respondent not to seize vehicles which transport organic mud which, according to the petitioner, is outside the purview of the KMMC Rules. 2. Going by the contents of Ext.P8 order of the District Collector, it is not the organic mud which was transported. That apart, the allegation is of violation of Act 28 of 2008. In such a situation, If that be so, in the absence of clear evidence, this Court will not be justified in concluding that the action of the authorities was without jurisdiction. In my view, in such circumstances, the remedy of the petitioner is to prosecute the W.P.(C).17384/11 2 appeal instead of resorting to any parallel litigation before this Court. 3. Therefore, I dispose of this writ petition leaving it open to the petitioner to prosecute statutory appeal before appellate the authority notified under Rule 49 of the KMMC Rules in which event, the same shall be disposed of in accordance with law and as expeditiously as possible. ANTONY DOMINIC, Judge mrcs