Sunil P M vs Station House Officer
2022 Latest Caselaw 11360 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                     WP(C) NO. 38977 OF 2022
PETITIONER

            SUNIL P M
            AGED 52 YEARS
            S/O MADHAVAN, PULLANIPPARABATHU, NAMBAZHIKKADU P
            O, KANDANASSERY, THRISSUR DISTRICT, PIN - 680602
            BY ADVS.
            K.MOHAMMED RAFEEQ
            AMARNATH R LAL
            P.M.MATHEW
            VISHNUMAYA ANANDAN


RESPONDENT

    1       STATION HOUSE OFFICER
            PAVARATTI POLICE STATION, THRISSUR DISTRICT, PIN
            - 680509
    2       DISTRICT GEOLOGIST
            MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
            CHEMBUKAVU, THRISSUR DISTRICT, PIN - 680020
    3       DISTRICT COLLECTOR
            CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT,
             PIN - 680003



OTHER PRESENT:

            SMT.VIDYA KURIAKOSE GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   02.12.2022,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.38977 of 2022           2



                             JUDGMENT

Dated this the 2nd day of December, 2022

The petitioner is owner of a lorry bearing registration

No.KL-02 AE-3831. The lorry is the petitioner's livelihood,

contends the petitioner.

2. On 25.11.2022, while the petitioner was transporting

ordinary earth (gravel) from Kidangoor to Padur for the

purpose of building construction, the 1st respondent

intercepted the vehicle and took the vehicle into custody

alleging offences under the Mines and Minerals (Development

and Regulation) Act, 1957 and the Kerala Minor Mineral

Concession Rules, 2015.

3. Ext.P2 is the Seizure Mahazar. The petitioner states

that the load was accompanied by valid Mineral Transit

Passes. Nevertheless, the 1st respondent seized the vehicle

and reported the matter to the 2nd respondent-District

Geologist. The 2nd respondent-District Geologist after

considering the Mahazar, found that no offence is made out

under the Mines and Minerals (Development and Regulation)

Act, and if at all there is an offence, that would fall under the

purview of the Kerala Conservation of Paddy Land and

Wetland Act, 2008.

4. The petitioner states that there is no allegation that

the petitioner's lorry was seized for reclamation of any paddy

land or wetland. The Mahazar would not disclose any offence

under the Act, 2008. Therefore, the seizure of the vehicle and

its continued detention, are unauthorised and unsustainable.

The respondents are compellable to release the vehicle of the

petitioner forthwith, contended the petitioner.

5. The Government Pleader submitted that the lorry was

admittedly carrying out ordinary earth (gravel). The lorry was

seized on the ground of the violation of the provisions

contained in the Kerala Conservation of Paddy Land and

Wetland Act, 2008. The Station House Officer has already

forwarded a report to the 3 rd respondent-District Collector as

per communication No.461/TDR/PVTM/22. The District

Collector being a competent authority under Kerala

Conservation of Paddy Land and Wetland Act, 2008, it will be

just and proper that the District Collector may be directed to

consider the issue agitated by the petitioner, urged the

Government Pleader.

6. Going through the pleadings and arguments and the

submissions made by the Government Pleader, I find that the

1st respondent-Station House Officer has already forwarded

the Seizure Mahazar to the 3rd respondent-District Collector.

As the matter is pending consideration before the District

Collector, the writ petition can be disposed of with a direction

to the District Collector to consider the request of the petitioner

to release the vehicle.

7. If the petitioner submits an application for release of

the vehicle to the 3rd respondent-District Collector within one

week, the District Collector shall consider the same and take

appropriate decision thereon, within a period of seven days

from the date of receipt of the application.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE

smm

APPENDIX OF WP(C) 38977/2022

PETITIONER EXHIBITS Exhibit P1 CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO. KL- 02- AE- 3831 Exhibit P2 TRUE COPY OF THE SEIZURE MAHAZZAR DATED 25.11.2022 ISSUED BY THE FIRST RESPONDENT Exhibit P3 TRUE COPY OF THE COUNTER FOIL OF THE MINERAL TRANSIT PASS DATED 25.11.2022 Exhibit P4 TRUE COPY OF THE WEIGHING SLIP DATED 28.11.2022 Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 29.11.2022 ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT