IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 15218 of 2010(B) -------------------------- PETITIONER(S): --------------- K. GOPALAKRISHNAN, S/O. SANKARAN NAIR, 34 YEARS, KAREKKATTE HOUSE, CHUNANGAD POST, OTTAPALAM BY ADV. SRI.R.VENUGOPAL SRI.R.SREEHARI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 3. THE DEPUTY TAHSILDAR (RR), TALUK OFFICE, OTTAPALAM 4. SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION. 5. MINERAL REVENUE INSPECTOR, DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD. BY G.P.SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.15218 OF 2010 ------------------------------- Dated this the 1st day of JUNE, 2010 J U D G M E N T The petitioner’s lorry with granite therein has been seized on allegations of violation of Mines and Minerals (Development and Regulation) Act. The petitioner submits that such seizure itself is illegal and without taking any further proceedings thereon, the respondents are not releasing the lorry to the petitioner. 2. I have heard the learned Government Pleader also. The learned Government Pleader on instructions submits that the seizure is perfectly legal and valid, but further proceedings are yet to be completed. According to him, as per the provisions of the Act, an FIR has to be lodged before the appropriate criminal court and the question of release of the vehicle is to be considered by that court. 3. I have considered the rival contentions in detail. In view of the provisions of the Act, I am satisfied that the W.P.(C)No.15218/10 2 respondents have to take further proceedings as provided under the Act expeditiously. Therefore, the writ petition is disposed of with the following directions: The competent among the respondents shall lodge an appropriate FIR in respect of seizure in a competent criminal court within a period of one week from the date of receipt of a copy of this judgment. If within that time no FIR has been filed, the vehicle shall be released to the petitioner without prejudice to further proceedings to be taken by the respondents. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15218/10 3 W.P.(C)No.15218/10 4