IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28137 of 2011(N) -------------------------------------- PETITIONERS: --------------------- 1. BHUVANADAS, S/O. VASU, KALLADATHIL ETTAMKALLU, THRISSUR TALUK, PUTHOOR VILLAGE, THRISSUR DISTRICT. 2. K.J. SHAJU, S/O. JOSE, KIZHAKKANOODAN HOUSE, KAINOOR VILLAGE, PUTHUR DESOM, THRISSUR TALUK,THRISSUR DISTRICT. 3. TELMA, W/O. BIJO, KOONATHALI, MARATHAKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN). RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, INDUSTRIES(A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE STATION HOUSE OFFICER, PUTHUKKAD POLICE STATION,THRISSUR DISTRICT-680 301. R1 & R2 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28137/2011-N: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF VEHICLE NO.KL- 8/AU-3482. EXT.P.1.A: COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF VEHICLE NO.KL- 40/A-8101. EXT.P.1.B: COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF VEHICLE NO.KL- 52-4580. EXT.P.2: COPY OF THE NOTICE ISSUED TO THE DRIVERS OF THE PETITIONERS. EXT.P.2.A: COPY OF THE REPRESENTATION DTD. 20/10/2011 SUBMITTED BEFORE THE R.2. EXT.P.3: COPY OF THE G.O.(MS).NO.85/2010/IND. DTD. 05/04/2010. EXT.P.3.A: COPY OF THE G.O.(MS).NO.180/2011/IND DTD. 19/08/2011. EXT.P.4: COPY OF THE BUILDING PERMIT BEARING NO.ODP/BA/91/11-12 ISSUED BY THE THRISSUR MUNICIPAL CORPORATION FOR CONSTRUCTION OF THE BUILDING IN SURVEY NO.147/80/P, 147/80/7P OF OLLUKARA VILLAGE. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28137 OF 2011 ----------------------------------------------------- Dated this the 24th day of October, 2011 J U D G M E N T Petitioners are the owners of vehicles bearing Reg.Nos.KL-8/AU-3482, KL-40/A-8101 and KL-52-4580. According to the petitioners, while these vehicles were engaged in the transportation of 'red earth' they were seized by the 2nd respondent. 2. According to the Government Pleader seizure was on the allegation that the vehicles were used in violation of the Mines and Mineral (Development and Regulation) Act and Kerala Minor Mineral Concession Rules. If that be so, necessarily the 2nd respondent should produce the vehicles before the jurisdictional Magistrate and thereupon it is for the petitioners to seek release of the vehicles. 3. In that view of the matter this writ petition is disposed of directing that on the production of a copy of this judgment, the 2nd respondent will produce the vehicles W.P.(C) No. 28137 OF 2011 :2 : in question before the jurisdictional Magistrate. Then it will be open to the registered owners of the vehicles to seek interim custody of the vehicles. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-