Kerala High Court
Roney P K vs The Director on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 11438 OF 2024
PETITIONER:
RONEY P K
AGED 33 YEARS
S/O KUNJACHAN PEEDIAKKAL HOUSE, CHERANELLOOR
ERNAKULAM DISTRICT, PIN - 682034
BY ADV BINU PAUL
RESPONDENTS:
1 THE DIRECTOR
MINING AND GEOLOGY DEPARTMENT, KESAVADASAPURAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
2 GEOLOGIST
MINING AND GEOLOGY OFFICE, ERNAKULAM DISTRICT,
CIVIL STATION, KAKKANAD, PIN - 682030
3 STATION HOUSE OFFICER
ELOOR POLICE STATION, ELOOR RD, UDYOGAMANDAL,
ELOOR, ERNAKULAM, KOCHI, PIN - 683501
OTHER PRESENT:
GP - AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C). No.11438 of 2024 :2:
VIJU ABRAHAM, J.
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W.P.(C) No.11438 of 2024
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Dated this the 4th day of April, 2024
JUDGMENT
The petitioner has approached this Court seeking a direction
to the 2nd respondent to expedite the analysis report and also
ensure that the vehicle is produced by the authority, competent to
file a complaint under either of the enactments.
2. It is averred that the petitioner is the registered owner of a
lorry bearing registration No KL.47.B-1285, which was seized by
the 3rd respondent on 08.10.2019 on the allegation of illegal
transportation of beach sand without any authorisation and in
contravention of the provisions of Kerala Minor Mineral Concession
Rules, 1967 and Mines and Minerals (Development and Regulation)
Act, 1957. Later the petitioner was given interim custody of the
said vehicle as per the order issued by the competent jurisdictional
Magistrate. To ascertain the nature of the sand, a sample was to be
sent for analysis. By Ext.P2 the 2 nd respondent has addressed the
3rd respondent to see that the sample is sent to the Chemical
Analysis Laboratory for examination and to make available a copy
of the report. The grievance raised by the petitioner is that though
the sample has been sent to the laboratory, till date no action has
been taken in this regard and because of the same, the criminal
case registered against the petitioner could not be finalised and the
petitioner is unable to transfer the vehicle.
3. Heard the learned Government Pleader also.
After hearing both sides, I am inclined to dispose of the writ
petition with a direction to the 1 st respondent to see that the
chemical analysis report regarding the sand sent to the Chemical
Analysis Laboratory attached to the Mining and Geology,
Directorate, Thiruvananthapuram is made available to the 3 rd
respondent without any delay, at any rate within an outer limit of
one month from the date of receipt of a copy of this judgment.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
APPENDIX OF WP(C) 11438/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED
06.11.2019 SUBMITTED TO THE SUB INSPECTOR
OF POLICE; ELOOR POLICE STATION
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION DATED
11.10.2019 ISSUED BY THE 2ND RESPONDENT
