IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5872 of 2011(H) ------------------------- PETITIONER(S): ----------------------- 1. KURUVILA ABRAHAM, AGED 55 YEARS, S/O. KURUVILA, THENGUMTHOTTATHIL, CHAKKUMMUTTIL VEEDU, THOTTAMON, RANNI VILLAGE, TALUK AND P.O, PATHANAMTHITTA DISTRICT. 2. ABRAHAM.C. KURUVILA, AGED 25 YEARS, S/O. KURUVILA, THENGUMTHOTTATHIL, CHAKKUMMUTTIL VEEDU, THOTTAMON, RANNI VILLAGE, TALUK AND P.O, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM -695 001. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT - 695 645. 3. SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, REVENUE TOWER, ADOOR.P.O, PATHANAMTHITTA DISTRICT - 691523. 4. THE TAHSILDAR, TALUK OFFICE, RANNI - 689 672. 5. THE VILLAGE OFFICER, VILLAGE OFFICE, RANNI - 689672. 6. THE SUB INSPECTOR OF POLICE, RANNI - 689672. GOVERNMENT PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb P.R.RAMACHANDRA MENON, J. ---------------------------------------- W.P.(C)No. 5872 OF 2011 -------------------------------------------------- Dated this the 24th day of February, 2011 J U D G M E N T The petitioners, who are father and son respectively, are stated as aggrieved of the seizure of their vehicles bearing No.KL- 13-M-4951 and KL-03-S-6700 (JCB 3D Excavator loader and a Tipper lorry) for the alleged offences under the Mines and Minerals (Development & Regulation) Act and Kerala Minor Mineral Concession Rules. The case of the petitioners is that they are totally innocent of the alleged offence and that they were only levelling the property, which does not involve raising of any mineral / sand as alleged. The petitioners have filed Ext.P7 before the second respondent, which however is still to be acted upon, thus driving the petitioners to this Court by filing this writ petition. 2. Heard the learned Government Pleader as well. 3. Taking note of the facts and circumstances, the 2nd respondent is directed to consider Ext.P7 and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within 'two weeks' from the date of receipt of a copy of this W.P.(C).No. 5872 OF 2011 2 judgment. The petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the 2nd respondent for taking further steps. Writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE dmb