IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 13119 of 2011(L) -------------------------- PETITIONER: --------------- P.P.SUNDARESAN, S/O.PUSHPANGATHAN, KALABHAVAN, THOTTAPALLY P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, ALAPPUZHA DISTRICT-688 007. 2. THE SUB COLLECTOR, CHENGANNUR, ALAPPUZHA DISTRICT-689 121. 3. THE SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, MAVELIKKARA, ALAPPUZHA DISTRICT-690 101. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.13119 OF 2011 -------------------------------------------------- Dated this the 26th day of May 2011 JUDGMENT The petitioner has approached 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 and Minerals Development and Regulation Act, 1957 as illegal. ii) Issue a writ of mandamus or any other appropriate writ commanding the 2nd and 3rd respondents to release the vehicle mentioned in Ext.P1 to the petitioner. iii) To pass such orders or reliefs as this Hon'ble Court deems fit in the interest of justice. 2. When the matter came up for consideration on 17-05-2011, the following interim order was passed. “Government Pleader submits that the gravel, which is being carried in the vehicle, is in the nature of of laterate is coming within the purview of Minor Mineral Concession Rules. But, by virtue of Ext.P2, the Government had clarified that ordinary earth is not a minor mineral, which is included under the above said Rules. Therefore, there will be an interim direction to the respondents to release the vehicle bearing No.KL-04X-2008, within 3 days from the date of receipt of a copy of this order. Post the matter on 26-05-2011 ”. 3. The learned Government Pleader appearing for the respondents submits that, the matter has to be adjudicated by the 1st respondent in accordance with law. W.P.(C) No.13119/2011 2 4. In the above circumstances, the Writ Petition is disposed of, directing the 1st respondent to consider the grievance forming the subject matter of Ext.P4 Seizure Mahazar produced by the petitioner along with I.A No.7419/2011 and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate within 'three days' from the date of receipt of a copy of this judgment. 5. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 1st respondent for taking further steps. vdv P.R.RAMACHANDRA MENON, JUDGE