IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 30324 of 2010(M) -------------------------- PETITIONER(S): --------------- JAYASANKARAN P., S/O.IMBICHAN, 2/388, PUTHIYOTH HOUSE, KONGANNUR P.O., ATHOLI VIA, KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB E SIMON SRI.JOSEPH MATHEW (VALUMMEL) RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, HOSDURG, KASARAGOD DISTRICT, PIN - 678 001. 2. THE DISTRICT COLLECTOR, KASARAGOD DISTRICT, PIN - 678 001. 3. THE SUB INSPECTOR OF POLICE/STATION HOUSE OFFICER, KUMBLA POLICE STATION, KUMBLA, KASARAGOD, PIN - 678 001. MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30324 of 2010 (M) --------------------------------- Dated, this the 21st day of October, 2010 J U D G M E N T Petitioner is the registered owner of the vehicle bearing Regn. No.KL-10/F-3913. According to the petitioner, the vehicle has been seized by the 3rd respondent on 20/09/2010 alleging violation of the provisions contained under the Mines and Minerals (Development and Regulation) Act, 1957. Prima facie, Ext.P5 seizure mahazar produced by the petitioner also substantiate this contention. However, the grievance of the petitioner is that despite the fact that a case has been registered alleging violation of the provisions of the MMDR Act, the vehicle is till detained by the 2nd respondent without producing the same before the jurisdictional Magistrate. 2. If as contented by the learned counsel for the petitioner, the offences alleged are under the MMDR Act, necessarily, the 3rd respondent has to produce the vehicle before the jurisdictional Magistrate. WP(C) No.30324/2010 -2- Therefore, taking into account the submission made by the petitioner that the vehicle is still detained by the 2nd respondent, it is directed that on the production of a copy of this judgment, the 3rd respondent will ensure that the vehicle is produced before the jurisdictional Magistrate. It is clarified that on such production, it will be open to the petitioner to apply to the Magistrate concerned for release of the vehicle, in which event, such a request will be dealt with in accordance with law. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg