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Kerala High Court
Suneesh P.K vs The District Geologist on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 17450 OF 2024
PETITIONERS:
1 SUNEESH P.K
AGED 29 YEARS
SON OF KISHORKUMAR, PUTHULOMKUNNATH, U.K.PADY, VELLILA P.O.,
MANKADA, MALAPPURAM- (OWNER OF TIPPER LORRY BEARING
REGISTRATION NO. KL-10-AG-0992), PIN - 679324
2 RATHEESH
AGED 38 YEARS
SON OF NARAYANAN, PUTHENVEETTIL HOUSE, VELLILA P.O.,
MANKADA, MALAPPURAM-(OWNER OF TIPPER LORRY BEARING
REGISTRATION NO. KL-56-C-3602), PIN - 679324
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
MALAPPURAM DISTRICT, PIN - 676511
2 THE INSPECTOR OF POLICE
MALAPPURAM POLICE STATION,
MALAPPURAM DISTRICT., PIN - 676511
BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No.17450 of 2024
2
C. JAYACHANDRAN, J.
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W.P.(C.) No.17450 of 2024
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Dated this the 21st day of May, 2024
JUDGMENT
The point raised in this Writ Petition is whether empty vehicles (tipper lorry bearing registration no. KL-10-AG-0992 and another one bearing registration no. KL-56-C-3602) can be seized and proceeded under the provisions of the Kerala Minor Mineral Concession Rules, only for the reason that the same was found parked near a quarry.
2. The petitioners have produced two judgments of this Court; one by a Division Bench and another of a learned Single Judge, wherein the issue has been considered and settled, holding that an empty vehicle cannot be proceeded against for the purpose of penalty under the Rules, only for the reason that the same was found parked near a quarry. The decision of the Division Bench in District Collector and others v. Unais and others W.P.(C.) No.17450 of 2024 3 [2023 (1) KLT 651] is produced as Ext.P2 and the decision of the learned Single Judge in Mohammed Habeeb Rahman v. The Sub Inspector of Police and others is produced as Ext.P3.
3. Although this Writ Petition is seriously opposed by the learned Government Pleader, the fact that the two lorries afore referred were empty at the time of seizure is not disputed.
4. In the circumstances, going by the dictum laid down in the judgments afore referred, this Writ Petition is only to be allowed. It is so done, directing the second respondent to release the tipper lorries, the registration numbers of which are referred above, forthwith.
The Writ Petition is disposed of accordingly.
Sd/-
C. JAYACHANDRAN JUDGE SKP/21-05 W.P.(C.) No.17450 of 2024 4 APPENDIX OF WP(C) 17450/2024 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS DISTRICT COLLECTOR 2023 (1) KLT 651 EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 29.3.2023 IN W.A.NO.609 OF 2023 EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 4.4.2023 IN WP(C) NO.11862 OF 2023 EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 20.7.2023 IN WP(C) NO.23536 OF 2023 EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 12.4.2024 IN WP(C) NO.14733 OF 2024 EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 23.4.2024 IN WP(C) NO.13875 OF 2024 EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 3.5.2024 IN WP(C) NO.16713 OF 2024 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A. TO JUDGE