Ali,.K.V vs The Deputy Thahasildar
2022 Latest Caselaw 11635 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                   WP(C) NO. 9003 OF 2013




PETITIONER:

          ALI,.K.V
          AGED 45 YEARS, S/O.KUNJUMUHAMMED,
          KANIKKARAVALAPPIL, POTTUR, MULOOR P.O.,
          VATTAMKULAM VILLAGE, PONNANI TALUK, MALAPPURAM.
          (OWNER OF TIPPER LORRY BEARING REGISTRATION NUMBER
          KL-7-AX-4960).
          BY ADV SRI.P.M.ZIRAJ

RESPONDENT:

          THE DEPUTY THAHASILDAR
          HEAD QUARTERS, OTTAPPALAM,
          PALAKKAD DISTRICT, PIN-679101.
          SRI.T.R.RENJITH, SR.GP



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.9003/2013

                                           2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                       W.P.(C).No.9003 of 2013
                ----------------------------------------------
            Dated this the 20th day of December, 2022


                                   JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to release the vehicle of the petitioner unconditionally since the seizure is illegal. ii. Declare that the respondent is not an authority under the Kerala minor Mineral Concession Rules 1967 or Mines and Mineral (development and Regulation) Act 1957 and hence the seizure is illegal.

iii. Issue such other writ or orders or directions, which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration

on 01.04.2013, this Court passed the following order: WP(C).No.9003/2013

"Admit. The learned Government Pleader takes notice for the respondent.

2. With regard to the interim relief sought for, detailed interim order has been passed by this Court on 4.01.2013 in W.P.(C).No. 31478 of 2012 and connected cases involving issues of similar nature; referring to the relevant provisions of law. Petitioner is also entitled to have similar relief.

3. In the above circumstances, this Court finds it fit and proper as an interim measure, to order release of the vehicle (KL-7-AX-4960) to the petitioner on satisfaction of a sum of Rs.25,000/- (Rupees twenty five thousand) before the concerned respondent/Sub Inspector of Police and on executing a Simple Bond, undertaking to produce the vehicle as and when called for and that the vehicle will not be alienated or encumbered during pendency of further proceedings."

3. In the light of the above order, the vehicle is already

released to the petitioner. Recording the above order, this

writ petition can be closed. I make it clear that the

respondents are free to proceed in accordance to the WP(C).No.9003/2013

provisions of Kerala Mining Mineral Concession Rules, 1967.

Therefore, recording the interim order dated 01.04.2013,

this writ petition is closed with the above observation. If any

proceedings is initiated against the petitioner, the respondents

will issue notice to the petitioner before taking any action.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 WP(C).No.9003/2013





                     APPENDIX OF WP(C) 9003/2013

PETITIONER EXHIBITS
EXHIBIT P1        COPY OF THE MAHAZAR DATED 23.3.2013
                  PREPARED BY THE RESPONDENT