Ansar vs The Sub Inspector Of Police
2023 Latest Caselaw 11498 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023/17TH KARTHIKA, 1945
                     WP(C) NO.36933 OF 2023
PETITIONERS:

    1       ANSAR, AGED 28 YEARS, S/O.MUHAMMEDKUNHI, PP HOUSE
            PALLIPUZHA, PALLIKKARA, KASARGODE DISTRICT
            PIN - 671316 (OWNER OF TIPPER LORRIES BEARING
            REGISTRATION NOS.KL-59-H-5994 AND KL-14-K-3188)
    2       SAHIR, AGED 29 YEARS, SON OF ABDUL MAJEED,
            PARIYARAM HOUSE, KUNIYA, PERIYA, KASARGODE
            DISTRICT, PIN - 671316 (OWNER OF A TIPPER LORRY
            BEARING REGISTRATION NO.KL-60-E-4950)
    3       NOUFAL, AGED 36 YEARS, SON OF SIDDIK, P.K.MANZIL,
            CHITHARI, RAVANESWARAM, KASARGODE DISTRICT,
            PIN - 671316 (OWNER OF A JCB BEARING REGISTRATION
            NO.KL-60-U-3513)
            BY ADVS.
            P.M.ZIRAJ
            IRFAN ZIRAJ


RESPONDENTS:

    1       THE SUB INSPECTOR OF POLICE, BEKAL POLICE
            STATION, KASARGODE DISTRICT, PIN - 671318
    2       THE DISTRICT GEOLOGIST
            DISTRICT OFFICE, DEPARTMENT OF MINING AND
            GEOLOGY, KASARGODE DISTRICT, PIN - 671121
    3       THE REVENUE DIVISIONAL OFFICER
            HOSDURG, KASARGODE DISTRICT, PIN - 671315
            BY SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER

     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   08.11.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.36933 of 2023                2




                                 JUDGMENT

The 1st petitioner is the owner of tipper

lorries bearing registration Nos.KL-59-H-5994 and

KL-14-K-3188. The 2nd petitioner is the owner of

tipper lorry bearing registration No.KL-60-E-4950

and the 3rd petitioner is the owner of JCB bearing

registration No.KL-60-U-3513. The said vehicles

were seized by the 1st respondent, the Sub

Inspector of Police, on 18.10.2023 on the

allegation that the petitioners violated the

provisions of the Kerala Minor Mineral Concession

Rules, 2015 and Mines and Minerals (Development

and Regulation) Act, 1957. The petitioners have

produced the seizure mahazar as Ext.P1. The

petitioners submit that they have not committed

any offence as alleged and the seizure is

arbitrary. It is further stated that the 1 st

respondent has not so far reported the seizure of

the vehicles before the 2nd respondent/Geologist.

Accordingly, this writ petition is filed for

direction to the 1st respondent to report the

seizure of the aforesaid vehicles before the 2nd

respondent within a reasonable time.

2. Heard the learned counsel for the

petitioners and the learned Senior Government

Pleader appearing for the respondents.

3. In the facts and circumstances stated

above, there will be a direction to the

1st respondent to immediately report the seizure of

the vehicles, along with all relevant documents,

to the 2nd respondent, within a period of two days

from the date of receipt of a certified copy of

this judgment. In case the petitioners approach

the 2nd respondent with request for release of the

vehicles, the same shall be considered in

accordance with law, as expeditiously as possible,

at any rate, within a period of one week

thereafter. The petitioners shall produce a copy

of this judgment, along with a copy of the writ

petition, before the respondents, for further

steps.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/08/11/2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 18.10.2023 PREPARED BY THE FIRST RESPONDENT

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 10.03.2022 IN WPC NO.7243 OF 2022