Jafarali vs The District Geologist
2024 Latest Caselaw 11925 Ker

Kerala High Court

Jafarali vs The District Geologist on 3 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
           Friday, the 3rd day of May 2024 / 13th Vaisakha, 1946

                           WP(C) NO. 16713 OF 2024

PETITIONER(S):

     JAFARALI, AGED 36 YEARS, SON OF MOHAMMED, THARAMMAL, MELMURI,
     KAREKKAD, TIRUR, MALAPPURAM(OWNER OF TIPPER LORRY BEARING
     REGISTRATION NO. KL-56-N-2226), PIN-676553.

RESPONDENT(S):

  1. THE DISTRICT GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND
     GEOLOGY, MALAPPURAM DISTRICT, PIN-676511.
  2. THE INSPECTOR OF POLICE, KADAMBUZHA POLICE STATION, MALAPPURAM
     DISTRICT, PIN-676553.


     Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the second respondent to release the vehicle of the
petitioner bearing registration Nos. KL-56-N-2226 forthwith without
imposing any condition since the seizure of vehicle by the second
respondent is illegal, arbitrary and beyond his jurisdiction till the
final disposal of above WP(C).


     This Petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. P.M. ZIRAJ & IRFAN ZIRAJ, Advocates for the petitioner, the court
passed the following:
                 DR. KAUSER EDAPPAGATH, J.
                ========================
                   W.P.(C) No.16713 of 2024
                ========================
               Dated this the 3rd day of May, 2024

                           ORDER

Admit.

2. The learned Government Pleader takes notice for the

respondents.

3. The petitioner has approached this Court

aggrieved by seizure of his vehicle - tipper lorry bearing

Reg. No.KL-56-N-2226 alleging violation of the provisions

contained in the Kerala Minor Mineral Concession Rules.

The specific case of the petitioner is that the vehicle was

not carrying any mineral at the time of seizure.

4. The learned Government Pleader upon

instructions submitted that it is true that at the time of

seizure, the vehicle was empty.

5. The petitioner relying on the judgment of this

Court in Unais v. District Collector [2023 (1) KLT 651]

which was confirmed by the Division Bench of this Court

in W. A. No.609 of 2023 submits that the respondents

have no authority to seize an empty vehicle.

6. Therefore, there will be an interim order directing

the 2nd respondent to release the tipper lorry bearing Reg.

No.KL-56-N-2226 to the petitioner, after verifying that he is

the registered owner of the same, on executing a bond

regarding production of the vehicle as and when required

by the respondents and that the same will not be alienated.

Post on 05.06.2024.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE SCS