IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 22323 of 2011(M) -------------------------- PETITIONER(S): --------------- 1. SHINTO, S/O.ROSY, VAIKKATTUSERY HOUSE, ANGAMALY, MAITHRI NAGAR ROAD, MAITHRI NAGAR, ERNAKULAM DISTRICT. 2. AYYAPPADAS.K.S., S/O.SAJI, 7/429[7/407] KOONAMTHETTAYIL HOUSE, THAIKKATTUKARA.P.O., ALUVA VILLAGE, ERNAKULAM DISTRICT. 3. A.V. PAPPU, AMBATTUPARAMBIL HOUSE, ANAPPARA.P.O., (VIA) ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, ERNAKULAM DISTRICT. PIN-683 572. 2. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682 030. SENIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22323 of 2011(M) 2 PETITIONERS EXHIBITS: EXT.P1 : TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED RELATING TO TIPPER LORRY BEARING REGISTRATION NO.KL- 41C EXT.P2 : TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED RELATING TO TIPPER LORRY BEARING REGISTRATION NO.KL- 41D-7213 EXT.P3 : TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED RELATINGM TO TIPPER LORRY BEARING REGISTRATION NO.KL- 41-8737 EXT.P4 : TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO. 85/2010/IND DATED 5.4.2010 RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE pm ANTONY DOMINIC, J --------------------------------------- W.P(C) No. 22323 of 2011 ---------------------------------------- Dated this the 25th day of August, 2011. JUDGMENT Petitioners claim to be the registered owners of Lorries bearing registration No. KL-41C-7617, Tipper Lorry bearing Registration No. KL-41D-7213 and Kl-41-8737. According to the petitioners' the vehicles were seized by the respondents on 14.8.2011 alleging violation of the provisions of Mines and Mineral (Development and Regulation) Act 1957. The vehicles have not been produced before the Jurisdictional Magistrate. It is complaining of the above this writ petition has been filed. 2. Learned Government Pleader has obtained instructions in the matter. According to him on 14.8.2011 the vehicles were found employed in filling up of paddy land in violation of the provisions contained in Act 28 of 2008. It is stated that thereupon the vehicles were seized and report thereof has been submitted to the District Collector, Ernakulam, who is seized of the matter. 3. From the submissions made by the learned Government Pleader, it is obvious that the premise on which this writ petition has been filed is erroneous and that the District Collector is W.P(C) No. 22323 of 2011 2 seized of the proceedings in relation to the vehicles referred above. Therefore it is for the petitioner's to approach the District Collector to expedite the proceedings. I also clarify that it will be open to the petitioners to seek interim custody of the vehicle by making appropriate applications to the 2nd respondent and if such applications are made, the 2nd respondent shall consider the applications without any delay and pass appropriate orders thereon in the matter. sd/- ANTONY DOMINIC JUDGE rkc //TRUE COPY// PA TO JUDGE