Sharafu vs The Sub Inspector Of Police, ...
2023 Latest Caselaw 1619 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
       THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  SATURDAY, THE 21ST DAY OF JANUARY 2023 / 1ST MAGHA, 1944
                     WP(C) NO. 20307 OF 2013
PETITIONER:

            SHARAFU,S/O.MUHAMMED, AGED 49 YEARS,
            IRANIMANGALAM HOUSE, POOCHACKAL P.O.,
            PANAVALLI VILLAGE, CHERTHALA TALUK,
            ALAPPUZHA DISTRICT
            (OWNER OF LORRY BEARING REGISTRATION NUMBER KL-
            32-2994)
            BY ADV SRI.P.M.ZIRAJ


RESPONDENT:

            THE SUB INSPECTOR OF POLICE,
            KUTHIYATHODU POLICE STATION,
            ALAPPUZHA DISTRICT, PIN 688 526.


            BY SRI.P.L.DEVASSY,     GOVERNMENT PLEADER



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   21.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C)No.2605 of 2013
                                       2


                      MOHAMMED NIAS. C.P.,J
                                ------------
                          WP(C)No.20307 of 2013
                        - - - - - - - - - - - - - - - - - - ----
                 Dated this the 21st day of January, 2023

                                JUDGMENT

The above writ petition is filed challenging the seizure of the

vehicle belonging to the petitioner on the ground that the respondent is

not an authority under the Kerala Minor Mineral Concession Rules,

1967 or under the Mines and Mineral (Development and Regulation)

Act, 1957, and therefore the said action of seizure is without authority.

By order dated 16.8.2013 of this Court, the vehicle in question was

released as an interim measure. It is seen that a case was registered

alleging offences for violation under Section 4(1)(a) r/w 21(1) of the

Mines and Mineral (Development and Regulation) Act, 1957 and

Section 120(e) of the Kerala Police Act. Ext.P1 is the copy of the FIR.

Today, when the matter is taken up, the learned Government

Pleader submitted that after Ext.P1 FIR, a final report has been filed

with respect to the said crime on 29.8.2013 before the Judicial First

Class Magistrate Court, Cherthala. This is recorded.

The writ petition is closed accordingly, without prejudice to any

of the rights of the writ petitioner in the criminal case.

Sd/-MOHAMMED NIAS C.P., JUDGE dlk/21.01.2023 WP(C)No.2605 of 2013

APPENDIX OF WP(C) 20307/2013

PETITIONER'S EXHIBITS

EXT.P1: TRUE COPY OF THE FIRST INFORMATION REPORT NUMBER 568 OF 2013 DATED 2/8/2013 OF KUTHIATHODU POLICE STATION.