Mansoor vs The Sub Inspector Of Police
2021 Latest Caselaw 14124 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                             WP(C) NO. 12972 OF 2021
PETITIONER:

              MANSOOR
              AGED 23 YEARS
              S/O. MOHAMMED, KAKKI HOUSE, PILAKKAL, KARULAI, NILAMBUR
              TALUK, MALAPPURAM DISTRICT, PIN-679 331

              BY ADVS.
              P.SAMSUDIN
              M.ANUROOP



RESPONDENTS:

     1        THE SUB INSPECTOR OF POLICE
              POOKKOTTUMPADAM POLICE STATION, POOKKOTTUMPADAM P.O,
              MALAPPURAM DISTRICT, PIN-679332

     2        THE DISTRICT GEOLOGIST,
              DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
              MANJERI P.O, 676 121, MALAPPURAM DISTRICT.

     3        KARULAI GRMA PANCHAYAT,
              REPRESENTED BY ITS SECRETARY, KARULAI P.O- 679 331,
              NILAMBUR TALUK, MALAPPURAM DISTRICT.

     4        THE ASSISTANT ENGINEER
              LSGD SECTION KARULAI GRAMA PANCHAYATH, KARULAI P.O,-679
              331, NILAMBUR TALUK, MALAPPURAM DISTRICT.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                W. P. (C) No.12972 of 2021
            ==================
             Dated this the 7th day of July, 2021

                           JUDGMENT

The petitioner has approached this Court

aggrieved by the seizure of his vehicles bearing registration Nos.KL-12-D-8930 and KL-01-BT-914 for

violation of the provisions of the Mines and

Minerals (Development and Regulation) Act.

According to the petitioner, the vehicles were

seized alleging illegal transportation of red soil.

The vehicles were hired by a PWD contractor, who

was awarded works for construction of roads by the

third respondent Panchayat. The petitioner relies

on Ext.P2 details of the estimation of works to

prove genuineness of the contention. The vehicles

were used for the above purpose and the same is

evident even from Ext.P4 seizure mahazar, submits

the learned counsel. It is contended that the

vehicle is liable to be released since it has not

been used for any illegal transportation. W. P. (C) No.12972 of 2021

2. The second respondent being the authorized

officer notified under the Act, it is for the

petitioner to approach the second respondent and

appraise and convince him that no offence has been

committed or made out and that the vehicles are

liable to be released.

3. Accordingly the writ petition is disposed of

directing the petitioner to approach the second

respondent with a request for release of the

vehicles, and on such request being made the second

respondent shall consider the contentions of the

petitioner, peruse the relevant documents and take

a decision within seven days therefrom, as to

whether any complaint needs to be filed in terms of

Section 22 of the Act. If he forms an opinion that

offence under the Act is not attracted, the

vehicles shall be released.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 12972/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATES OF THE VEHICLES BEARING REGISTRATION NO. KL 12D 8930 AND KL 01 B 0914.

Exhibit P2 TRUE COPY OF THE DETAILED ESTIMATE OF THE WORKS.

Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT ENGINEER.

Exhibit P4 TRUE COPY OF THE SEIZURE MAHASAR DATED 25.06.2021.

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