IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20145 of 2011(P) ---------------------------------------- PETITIONER(S): ----------------------- R.RAVI, MANAGER, (MANGALATH LORRY SERVICE LORRY NO.KL-26B-874) AGED 51 YEARS, S/O.RAGHAVAN, K.P.SADHANAM, NELLIMALA P.O., ADOOR, PATHANAMTHITTA. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, PIN - 688 001. 2. THE SUB INSPECTOR OF POLICE, VALLIKKUNNAM POLICE STATION, VALLIKKUNNAM, ALAPPUZHA DISTRICT, PIN - 690 501. R1 & R2 BY SR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20145/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REGISTRATION CERTIFICATE BEARING REGISTRATION NO.KL-26B-874. P2 COPY OF THE GOVERNMENT ORDER GO (MS) NO.85/2010/IND DATED 5/4/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R. RAMACHANDRA MENON, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) No. 20145 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July , 2011 J U D G M E N T The petitioner approaches this Court with the following prayers: i. Declare that seizure of the vehicle mentioned in Ext.P1 by the 2nd respondent for alleged contravention of the provisions of the Mines & Minerals Development and Regulation Act, 1957 as illegal and quash all further proceedings pursuant to Ext.P2 Government Order. ii. Issue a writ of mandamus or any other appropriate writ commanding the respondent to release the vehicle mentioned in Ext.P1 to the petitioner on appropriate condition. iii. Issue a writ of mandamus or any other appropriate writ commanding the 2nd respondent to produce the vehicle before a court of competent jurisdiction having power to take cognizance of the offences alleged under the Mines & Minerals (Development & Regulation) Act. 2. Learned counsel for the petitioner submits that the vehicle namely a Tipper lorry bearing registration No.KL-26B-874 owned by Sri. Mathew Daniel and being managed by the petitioner was seized on 21.7.2011 by the second respondent alleging violation of the provisions of Mines & Minerals (Development & Regulation) Act 1957 and Kerala Minor Mineral Concession Rules 1967. Many WPC.No.20145 of 2011 : 2 : a ground has been raised in the writ petition. It is stated that the petitioner would be satisfied if a direction given to the second respondent to produce the vehicle before the concerned Magistrate's Court, so as to enable the petitioner to apply for and obtain interim custody of the vehicle. 3. Heard the learned Govt. Pleader as well. 4. This writ petition is disposed of directing the second respondent to produce the vehicle before the concerned Magistrate's Court within three days from the date of production of a copy of this judgment with intimation to be given to the petitioner as to concerned court and the date of production. The petitioner if free to approach the concerned court to get interim custody of the vehicle; subject to the terms to be fixed by the said court. The petitioner is directed to produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for further steps. (P.R. RAMACHANDRA MENON, JUDGE) kp