Kerala High Court
The District Collector, Palakkad vs Unais on 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
WA NO. 609 OF 2023
AGAINST THE JUDGMENT DATED 13.01.2023 IN WP(C) 23/2023 OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS IN THE WPC:
1 THE DISTRICT COLLECTOR, PALAKKAD,
KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD - 678
013.
2 THE SUB COLLECTOR,
RDO OFFICE, OTTAPALAM, PALAKKAD - 679 101.
3 THE JUNIOR SUPERINTENDENT, PATTAMBI TALUK
OFFICE, MINI CIVIL STATION, PALAKKAD - 679 303.
4 THE TAHSILDAR, PATTAMBI TALUK OFFICE, MINI CIVIL
STATION, PALAKKAD - 679 303.
5 THE VILLAGE OFFICER, OANGALLUR-II VILLAGE,
PALAKKAD - 679 121.
6 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND
GEOLOGY, SULTANPET, PALAKKAD - 678 001.
BY ADV GOVERNMENT PLEADER
ADV. PRINCY XAVIER SR. GP
RESPONDENTS/PETITIONERS IN WPC:
1 UNAIS, S/O.HAMSA, MANAKKALPADATH HOUSE,
CHERUTHURUTHY VILLAGE, THALAPPILLY TALUK,
THRISSUR DISTRICT (OWNER OF LORRY BEARING
REGISTRATION NO.KL-48-S-1166), PIN- 679 531.,
2 PAULOSE, S/O.VARGHESE, KUNNATH HOUSE, KOLAZHY,
WA NO. 609 OF 2023
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MULLAMGUNNATHUKAVU, PUTHANMADOMKUNNU P.O.,
THRISSUR (OWNER OF LORRY BEARING REGISTRATION
NO.KL-08-BJ-0963), PIN- 680 581.
3 BIDHUN, S/O.RADHAKRISHNAN, PAPPANKATTIL HOUSE,
PANAYUR P.O., VANIYAMKULAM VILLAGE, OTTAPALAM
TALUK, PALAKKAD DISTRICT (OWNER OF LORRY BEARING
REGISTRATION NO.KL-51-L-4266), PIN -679522.
4 NISHAD, S/O.KASSIM, KODAMKUNNATH HOUSE,
PAINKULAM P.O., PANJAL VILLAGE, THALAPPILLY
TALUK, THRISSUR DISTRICT (OWNER OF LORRY BEARING
REGISTRATION NO.KL-48-S-0070) PIN-679531.
5 MUSTHAFA, S/O.VEERANKUTTY, ALUKAPEEDIKAYIL
HOUSE, KILLIMANGALAM P.O., VENGALUR VILLAGE,
THALAPPILLY TALUK, THRISSUR DISTRICT (OWNER OF
LORRY BEARING REGISTRATION NO.KL-48-R-6128), PIN
- 680 591.
6 ABDUL LATHEEF, S/O.MUHAMMEDKUTTY,
OANGANATTUTHODY HOUSE, CHERUTHURUTHY P.O.,
THALAPPILLY TALUK, THRISSUR DISTRICT (OWNER OF
LORRY BEARING REGISTRATION NO. KL-08-AJ-8094),
PIN - 679 531.
7 MUHAMMED ALI, S/O.HAMSA, MECHERIKUNNATH,
CHERUTHURUTHY P.O., CHERUTHURUTHY VILLAGE,
THALAPPILLY TALUK, THRISSUR DISTRICT (OWNER OF
LORRY BEARING REGISTRATION NO.KL-36-D-3823),
PIN-679531.
8 SUMESH KUMAR, S/O.SUKUMARAN, ATHIKKAL HOUSE,
VETTIKATTIL HOUSE, CHERUTHURUTHY VILLATE,
THRISSUR DISTRICT (OWNER OF LORRY BEARING
REGISTRATION NO.KL-62-A-0927), PIN-679 531.
9 RAMRAJ, S/O.MANIKANDAN, VANDIKUNNATH HOUSE,
PANAYUR P.O., VANIYAMKULAM VILLAGE, PALAKKAD
DISTRICT (OWNER OF LORRY BEARING REGISTRATION
NO.KL-53-R-5352), PIN-679 522.
WA NO. 609 OF 2023
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10 BLESSON GEORGE, S/O.GEORGE, ARANGASSERY HOUSE,
KUTTUR P.O., THRISSUR DISTRICT (OWNER OF LORRY
BEARING REGISTRATION NO.KL-08-BU- 0032, PIN-680
013.
11 JUSTIN GEORGE, S/O.GEORGE, ARANGASSERY HOUSE,
KUTTUR P.O., THRISSUR DISTRICT (OWNER OF LORRY
BEARING REGISTRATION NO.KL-08-BY- 3932), PIN-680
013.
12 SHANAVAS, S/O.VEERANKUTTY, CHEENIKARA HOUSE,
DESAMANGALAM P.O., THRISSUR DISTRICT (OWNER OF
LORRY BEARING REGISTRATION NO.KL-48- M-1392),
PIN - 679532.
13 DIJO JOHNY, S/O.JOHNY, KOLLAPPILLY HOUSE,
SANKIARANCHIRA, KILLANNUR, MULANGUNNATHUKAVU
P.O., THRISSUR DISTRICT (OWNER OF LORRY BEARING
REGISTRATION NO.KL-08-BY-3227), PIN-680 581.
14 PRAKASAN, S/O.DIVAKARAN, KURIYAKOTT HOUSE,
MUTHUVARA, PUZHAKKAL P.O., THRISSUR DISTRICT
(OWNER OF LORRY BEARING REGISTRATION NO.KL-47-
J-4367), PIN - 680 553.
BY ADV P.M.ZIRAJ
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 609 OF 2023
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J U D G M E N T
A. Muhamed Mustaque, J
This appeal has been preferred by the
District Collector and other State Officials
aggrieved by the direction of the learned Single
Judge to release vehicles which were seized for
contravening the provisions of Mines and Minerals
(Development and Regulation) Act, 1957 (for short
"Act") and the Kerala Minor Mineral Concession
Rules, 2015 (for short "Rules").
2. Admitted facts show that those vehicles
i.e., tipper lorries, were empty at the time of
seizure and not loaded with any minor minerals.
It appears that there were large scale of illegal
mining and 71 vehicles were seized and out of
which 27 were loaded with minerals. The point
involved in this case is whether the tipper
lorries or any other vehicles intended to be used
for transporting minor minerals, contravening the
WA NO. 609 OF 2023
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provisions of the Act and Rules can be proceeded
under the Act or Rules or not.
3. The learned Single Judge was of the view
that only vehicles transport or transported the
minor minerals can be seized and proceeded under
the Act and Rules and ordered release of the
vehicles which were found to be empty at the time
of seizure.
4. The law in this regard is plain and
simple. Section 21(4) of the Act states as
follows:
"Whenever any person raises, transports
or causes to be raised or transported,
without any lawful authority, any mineral
from any land, and, for that purpose,
uses any tool, equipment, vehicle or any
other thing, such mineral, tool,
equipment, vehicle or any other thing
shall be liable to be seized by an
officer or authority specially empowered
in this behalf."
5. On reading of the provisions, it is
clear that, only the vehicles which transport or
have transported are alone liable to be seized or
contravened. The mere intention to transport is
WA NO. 609 OF 2023
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not sufficient for the penalty proceedings under
the Act or Rules. The penalty provisions will
have to be strictly construed. When the law is
silent as to the procedure to be followed for
penalty in respect of the vehicles which were
intended to be used for such illegal activity,
the Court cannot read such provisions to justify
an action which is not authorised by law.
6. The learned Government Pleader placing
reliance on the judgment in Kuriakose v. Sub
Inspector of Police [2015 (3) KLT 288] argued
that if such an interpretation is not accorded
there would be a misuse of provisions of law.
The above judgment in fact, was rendered in the
context of compounding the offence for the
alleged contraventions of the provisions of the
Act and Rules. The issue had no application in a
matter like this. The question, as we noted
earlier is a simple question, is whether the
intention to use the vehicle for illegal
WA NO. 609 OF 2023
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transportation would attract the penalty
provisions or not. On reading of the provisions,
we already took the view that the provisions as
such would not cover such situations. If that be
so, there is no merit in this appeal. The appeal
fails and, accordingly, dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
