IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 WP(C).No. 11875 of 2011(H) -------------------------- PETITIONER(S): --------------- K.SHAJI, 46 YEARS, S/O GOPALAN, KIZHAKKEDOM HOUSE, KUNNAMKARY, P.O. ALAPPUZHA BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): --------------- 1. THE S.I OF POLICE, KEEZHVAIPUR, 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA-689645 3. THE SUB COLLECTOR (RDO), THIRUVALLA 689645 GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................... W.P.(C).11875/2011 ....................... Dated this the 11th day of April, 2011 JUDGMENT The petitioner is aggrieved by the seizure of the vehicle bearing No.KL-04-Z-8251 which, according to the petitioner, was engaged in connection with the undertaking of the project work as evident from Ext.P2. The petitioner contends that, for transporting ordinary sand, no permission is required in view of Ext.P4 Government Order dated 5.4.2010 issued by the Government. 2. The learned counsel for the petitioner submits that the very initiation of the proceedings by Ext.P5 mahazar and Ext.P6 report sent by the third respondent to the second respondent on 4.4.2011 are liable to be intercepted and hence the writ petition. 3. Heard the learned Government Pleader as well. 4. Going by the materials on record, it is seen that the alleged offence is under the provisions of the Mines and Minerals (Development and Regulation)Act., 1957, and if at W.P.(C).11875/11 2 all the concerned authority comes across any incriminating circumstances, it is for the competent authority to file a complaint before the competent Court and the vehicle is also to be produced before the said Court, obviously for the reason that the revenue authorities are not vested with any power to order confiscation, unlike the provisions of the Kerala protection of River Banks and Regulation of Removal of River Sand Act, 2002. 5. In the above circumstances, respondents are directed to cause the vehicle to be produced before the concerned Magistrate's Court forthwith, at any rate, within “two days” on which event, the petitioner will be at liberty to approach the said Court to get the interim custody of the vehicle released; subject to appropriate conditions to be stipulated by the learned Magistrate. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs