IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 27279 of 2009(D) -------------------------- PETITIONER: --------------- KOCHUMOL YOHANNAN, S/O.THOMAS YOHANNAN, PLAMPARAMBIL HOUSE, THIRUMOOLAPURAM P.O., ERUVELLIPRA, THIRUVALLA. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: --------------- 1. GEOLOGIST, MINING AND GEOLOGY, PATHANAMTHITTA. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. SUB INSPECTOR OF POLICE, PULIKKEZHU POLICE STATION. 4. K.M.JACOB, DEALERS LICENCE NO.281/08-09, THIRUVAN VANDOOR, THIRUVALLA TALUK. BY SR. GOVT. PLEADER SRI.P.N SANTHOSH FOR R1-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27279 OF 2009 -------------------------- Dated this the 29th day of September, 2009 J U D G M E N T Heard Sri.Varghese Kallummottil, the learned counsel appearing for the petitioner and Sri. P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the registered owner of a goods vehicle bearing registration No.KL-27-2034. The said vehicle was seized by the third respondent on 17.9.2008 on the allegation that it was used to transport river sand in contravention of the Kerala Mines and Minerals (Development and Regulation) Act, 1957, and Kerala Mining and Mineral Concession Rules, 1967. After such seizure, the vehicle was produced before the District Collector, Pathanamthitta. The grievance voiced by the petitioner is that, till date, final orders have not been passed in the matter though a crime has been registered in respect of the very same transaction. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to finalise the proceedings initiated against him and also to release the vehicle after verifying the records. 3. The pleadings disclose that the petitioner's vehicle was seized on 17.9.2008 on the allegation that it was used to transport river sand in W.P.(C) No. 27279/09 2 violation of the Kerala Mines and Minerals (Development and Regulation) Act, 1957, and Kerala Mining and Mineral Concession Rules, 1967. Even if there is violation of the said enactment or the rules, the petitioner's vehicle is not liable to be confiscated. The authorities can only impose fine on the petitioner. He can also be prosecuted. In such circumstances, I am of the opinion that the respondents should release the vehicle to the petitioner by way of interim custody pending finalisation of the proceedings initiated against him. I accordingly dispose of this writ petition with a direction that in the event of the petitioner moving an appropriate representation before the District Collector, Pathanamthitta, seeking interim custody of his vehicle, the District Collector, shall grant interim custody on such terms and conditions as he may deem fit to impose. This shall be done within 10 days from the date on which the petitioner moves an application in that regard. The District Collector/Tahsildar shall also finalise the proceedings initiated against the petitioner expeditiously and in any event within three months from today. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 27279/09 3