Kerala High Court
Jithesh K.P vs The Inspector Of Police on 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024/15TH JYAISHTA, 1946
WP(C) NO.17590 OF 2024
PETITIONER:
JITHESH K.P., AGED 40 YEARS, SON OF VASU,
KODAKKATTUPARAMBIL, KOKKUR P.O., ALAMKODE VILLAGE,
NANNAMUKK, MALAPPURAM DISTRICT,
(OWNER OF TIPPER LORRY BEARING
REGISTRATION NO.KL-41-B-4908), PIN - 679591.
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE INSPECTOR OF POLICE,
CHALISSERY POLICE STATION,
PALAKKAD DISTRICT, PIN - 679536.
2 THE DEPUTY SUPERINTENDENT OF POLICE,
SHORNUR, PALAKKAD DISTRICT, PIN - 679121.
3 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
PALAKKAD DISTRICT, PIN - 676101.
BY ADVS. AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.17590 of 2024
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JUDGMENT
Dated, this the 5th June, 2024
The grievance espoused in this writ petition by the
petitioner is that, his lorry bearing no.KL-41-B-
4908, which was found parked on the side of a road,
has been illegally seized under the provisions of
the Mines and Minerals (Development And Regulation)
Act, 1957 (in short, 'the Act'), as per Ext.P1
seizure mahazar.
2. The petitioner would submit that, since the
vehicle was not loaded with soil, he is entitled to
the benefit of the law declared by a Division Bench
of this Court in District Collector v. Unais
(judgment dated 29.03.2023 in W.A.No.609/2023),
which is carried from the judgment of a learned
Single Judge in Unais v. District Collector [2023
(1) KLT 651].
3. In answer to the same, learned Government
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Pleader would submit that the vehicle was partially
loaded with soil, as could be seen from the
indication given in the Mahazar that there were soil
particles in the vehicle. Based on Ext.P1 Mahazar,
it was also submitted that the lorry was seized from
the site, from where excavation was being done
illegally, wherefore the dictum laid down in
District Collector (supra) cannot apply to the facts
of this Court.
4. Learned counsel for the petitioner would iterate
that the vehicle was not seized from any site, but
from the side of the road. This Court, therefore,
directed the learned Government Pleader to file a
statement, specifically ascertaining the place, from
where the vehicle was seized. Accordingly, a
statement dated 31.05.2024 was filed by the Police
Officer, who seized the vehicle. However, a perusal
of the same would indicate that the place, where the
alleged illegal excavation of the soil was being
carried out, is not stated specifically. All what is
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seen stated is that illegal mining and
transportation was being done at 'Eravakkad center',
without specifying the definite place. That apart,
going by the version in the statement, the vehicle
in question was coming from the opposite direction,
which was stopped and searched, whereupon soil
particles were found in the body. This version is at
complete variance from the version available in
Ext.P1 Mahazar. That apart, this Court is of the
opinion that mere finding of the "soil particles"
cannot tantamount to a factual situation, where the
lorry is filled atleast partially with the soil, so
as to dislodge the dictum laid down in District
Collector (supra).
5. In the circumstances, this Court finds that the
petitioner is entitled to the benefit of the dictum
laid down in District Collector (supra).
Consequently the respondents are directed to release
the vehicle bearing no.KL-41-B-4908 to the
petitioner forthwith, upon execution of a bond that
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the same will be produced, as and when required and
directed.
This Writ Petition is disposed of as above.
Sd/-
C.JAYACHANDRAN, JUDGE
ww
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APPENDIX OF WP(C) 17590/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHASAR DATED
1.5.2024 PREPARED BY THE FIRST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED
30.1.2024 IN W.P.C NO.3701/2024.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED
5.2.2024 IN WPC NO.3701/2024.
EXHIBIT P4 TRUE COPY OF THE ORDER OF THIS HONOURABLE
COURT DATED 9.4.2024 IN WPC NO.13090 OF
2024.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS
VS DISTRICT COLLECTOR 2023 (1) KLT 651.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THE DIVISION
BENCH OF THIS HONOURABLE COURT DATED
29.3.2023 IN W.A.NO.609 OF 2023.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 4.4.2023 IN WP(C)
NO.11862 OF 2023.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 20.7.2023 IN WP(C)
NO.23536 OF 2023.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 12.4.2024 IN WP(C)
NO.14733 OF 2024.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 23.4.2024 IN WP(C)
NO.13875 OF 2024.
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 3.5.2024 IN WP(C)
NO.16713 OF 2024.
