Muhammed Sajid vs The District Geologist
2021 Latest Caselaw 9311 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                       WP(C).No.2815 OF 2021(B)


PETITIONER:

               MUHAMMED SAJID
               AGED 22 YEARS
               S/O.HASSAN, RASHID MANZIL, PALLIKKARA P.O., BEKAL
               VILLAGE, KASARGOD DISTRICT (OWNER OF TIPPER LORRY
               BEARING REGISTRATION NO.KL-14-H-0531).

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE DISTRICT GEOLOGIST
               KASARGOD DISTRICT, KERALA-671 121.

      2        THE DISTRICT COLLECTOR,
               KASARGOD DISTRICT, KERALA-671 123.

      3        THE REVENUE DIVISIONAL OFFICER,
               KANHANGAD, KASARGOD DISTRICT, KERALA-671 315.

      4        THE THAHASILDHAR,
               HOSDURG TALUK, KASARGOD DISTRICT, PIN-671 315.

               R1-4 BY GOVERNMENT PLEADER: SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  2
WP(C).No.2815 OF 2021(B)




                           JUDGMENT

The vehicle of the petitioner, bearing registration

No.KL-14-H-0531 was seized by the 4th respondent. The

writ petition has been filed seeking a direction to the 1 st

respondent for release of the vehicle on compounding

the offence on the premise that the offence committed is

one under the Kerala Minor Mineral Concession Rules,

2015. The learned Government Pleader has filed a

statement along with the report of Tahsildar pointing out

that the seizure was under Section 23 of the KPRB and

Regulation of Removal of Sand Act 2001.

2. The learned counsel for the petitioner prays

that the 3rd respondent, who is the competent authority,

may be permitted to be moved and he may consider the

petitioner's request for interim custody of the vehicle,

pending finalization of the proceedings.

Accordingly, the writ petition is disposed of

directing the 3rd respondent to consider the request, if

any, made by the petitioner seeking interim custody of

WP(C).No.2815 OF 2021(B)

the vehicle alleged in the offence above referred to,

without delay.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.2815 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF PETITIONER.