Ajmal vs The Station House Officer
2023 Latest Caselaw 4000 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                         WP(C) NO. 10382 OF 2023
PETITIONERS:

     1        AJMAL
              AGED 23 YEARS
              SON OF KOYAKUTTY, KALLUPLALIL, PARISHAKALLU,
              MANNAMKANDAM, IDUKKI DISTRICT, PIN - 685561

     2        BIBIN SAJU
              AGED 29 YEARS
              SON OF SAJU,KAKKATHOTTATHIL, IRUMPUPALAM, MUTHIKADU,
              MANNAMKANDAM, IDUKKI, PIN - 685561

     3        JOBISH K MATHEW
              AGED 44 YEARS
              SON OF MATHEW, KAITHAMANA PUTHENPURA, IRUMPUPALAM, VALARA
              P.O., MANNAMKANDAM, IDUKKI, PIN - 685561

     4        EBIN SAJU
              AGED 31 YEARS
              SON OF SAJU,KAKKATHOTTATHIL, IRUMPUPALAM, MUTHIKKADU,
              MANNAMKANDAM, IDUKKI, PIN - 685561

     5        DHANISH V KUMAR
              AGED 41 YEARS
              SON OF KUMARAN, VETTIYAMKUNNEL HOUSE, ADIMALI P.O.,
              MANNAMKANDAM, IDUKKI, PIN - 685561

     6        RAJAN
              AGED 35 YEARS
              SON OF MARTIN, PARUTHIVILAYIL, NAIKKUNNU, KOOMBANPARA,
              VELLATHUVAL, IDUKKI, PIN - 685561

     7        SONU P SAJU
              AGED 30 YEARS
              SON OF SAJU, PLAPPALLIYIL HOUSE, SENAPATHY P.O.,
              VATTAPPARA, IDUKKI, PIN - 685619

     8        DIBIN K SHAJI
              AGED 29 YEARS
 WP(C) NO. 10382 OF 2023             2



             SON OF SHAJI, KUNNATH MALAYIL, VALARA P.O., PATHAM MILE,
             ADIMALI, DEVIKULAM, IDUKKI, PIN - 685561

      9      BIPIN
             AGED 29 YEARS
             SON OF BABY JOSEPH, ANCHERIL HOUSE, VALARA P.O., DEVIAR
             COLONY, ADIMALI, IDUKKI, PIN - 685561

             BY ADVS.
             IRFAN ZIRAJ
             P.M.ZIRAJ



RESPONDENTS:

      1      THE STATION HOUSE OFFICER
             ADIMALI POLICE STATION, IDUKKI DISTRICT, PIN - 685561

      2      THE VILLAGE OFFICER
             MANNAMKANDAM VILLAGE, IDUKKI DISTRICT, PIN - 685561

      3      THE DISTRICT GEOLOGIST
             DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI
             CIVIL STATION, THODUPUZHA, IDUKKI, PIN - 685584

             SMT.PARVATHY.K-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10382 OF 2023                   3




                                    JUDGMENT

Dated this the 30th day of March, 2023

This writ petition is filed seeking the following reliefs:-

1. Issue a writ of mandamus or any other appropriate writ, order or direction to the first respondent to report the seizure of vehicles of Petitioners bearing registration Nos. KL-40-9001, KL- 54-B-9880, KL-03-S-7254, KL-44-A-4176, KL-06-E-5432, KL- 06-D-6678, KL-62-A-3736, KL-40-A-8659, KL-48-A-9381, KL- 63-3203, KL-11-AV-5346 and a HITACHI before concerned jurisdictional judicial magistrate in the area forthwith.

2. Heard the learned counsel for the petitioners and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioners that

the first petitioner is the owner of tipper lorry bearing registration KL-

40-9001, second petitioner is the owner of tipper lorry bearing

registration KL-54-B-9880, third petitioner is the owner of tipper lorry

bearing registration No.KL-03-S-7254, fourth petitioner is the owner

of tipper lorry bearing registration No. KL-44-A-4176, fifth petitioner

is the owner of tipper lorries bearing registration No.KL-06-E-5432,

KL-06-D-6678 and a JCB bearing registration No.KL-62-A-3736, sixth

petitioner is the owner of tipper lorry bearing registration No.KL-40-

A-8659, seventh petitioner is the owner of tipper lorry bearing

registration No. KL-48-A-9381, eighth petitioner is the owner of

tipper lorry bearing registration No.KL-63-3203, and ninth petitioner

is the owner of JCB bearing registration No.KL-11-AV-5346 and a

HITACHI. The said vehicles were seized by the second respondent on

20.3.2023 with an allegation of violation of the provisions of Kerala

Minor Mineral Concession Rules 2015 and Mines and

Minerals(Development and Regulation) Act 1957. Inspite of repeated

requests the copy of seizure mahazar has not been handed over to

the petitioners by the second respondent. After seizure the said

vehicles have been handed over to the first respondent by the second

respondent for custody and prepared a seizure mahazar in

connection with the same. Now the vehicles are the custody of the

first respondent.

4. It is contended by the learned counsel for the petitioners that

the vehicles are liable to be forwarded to the jurisdictional magistrate

and so that, the petitioners will be enabled to make necessary

applications for release of the same.

Having considered the contentions advanced and having heard

the learned Government Pleader also it appears from Ext.P1 that the

seizures have been effected and that the matter has been reported to

the 1st respondent. The 1st respondent shall forward the records

relating to the seizure to the 3rd respondent, if the same has not

already been forwarded, within a period of two days from the date of

receipt of a copy of this judgment. The 3rd respondent shall

thereafter look into the records and if the offences are made out, the

3rd respondent shall report the seizure and forward the records

thereof to the jurisdictional magistrate, at the earliest, at any rate

within a period one week thereafter and to enable the petitioner to

approach the said magistrate with an interim application for release

of the vehicles.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 10382/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 20.3.2023 SUBMITTED BY THE SECOND RESPONDENT BEFORE THE FIRST RESPONDENT

Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 7.1.2023 IN WPC NO.1459 OF 2023