Kerala High Court
Suneesh P.K vs The District Geologist on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 17450 OF 2024
PETITIONERS:
1 SUNEESH P.K
AGED 29 YEARS
SON OF KISHORKUMAR, PUTHULOMKUNNATH, U.K.PADY, VELLILA P.O.,
MANKADA, MALAPPURAM- (OWNER OF TIPPER LORRY BEARING
REGISTRATION NO. KL-10-AG-0992), PIN - 679324
2 RATHEESH
AGED 38 YEARS
SON OF NARAYANAN, PUTHENVEETTIL HOUSE, VELLILA P.O.,
MANKADA, MALAPPURAM-(OWNER OF TIPPER LORRY BEARING
REGISTRATION NO. KL-56-C-3602), PIN - 679324
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
MALAPPURAM DISTRICT, PIN - 676511
2 THE INSPECTOR OF POLICE
MALAPPURAM POLICE STATION,
MALAPPURAM DISTRICT., PIN - 676511
BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No.17450 of 2024
2
C. JAYACHANDRAN, J.
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W.P.(C.) No.17450 of 2024
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Dated this the 21st day of May, 2024
JUDGMENT
The point raised in this Writ Petition is whether
empty vehicles (tipper lorry bearing registration no.
KL-10-AG-0992 and another one bearing registration no.
KL-56-C-3602) can be seized and proceeded under the
provisions of the Kerala Minor Mineral Concession Rules,
only for the reason that the same was found parked near
a quarry.
2. The petitioners have produced two judgments
of this Court; one by a Division Bench and another of a
learned Single Judge, wherein the issue has been
considered and settled, holding that an empty vehicle
cannot be proceeded against for the purpose of penalty
under the Rules, only for the reason that the same was
found parked near a quarry. The decision of the Division
Bench in District Collector and others v. Unais and others
[2023 (1) KLT 651] is produced as Ext.P2 and the decision
of the learned Single Judge in Mohammed Habeeb
Rahman v. The Sub Inspector of Police and others is
produced as Ext.P3.
3. Although this Writ Petition is seriously opposed
by the learned Government Pleader, the fact that the two
lorries afore referred were empty at the time of seizure is
not disputed.
4. In the circumstances, going by the dictum laid
down in the judgments afore referred, this Writ Petition is
only to be allowed. It is so done, directing the second
respondent to release the tipper lorries, the registration
numbers of which are referred above, forthwith.
The Writ Petition is disposed of accordingly.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/21-05
APPENDIX OF WP(C) 17450/2024
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS
DISTRICT COLLECTOR 2023 (1) KLT 651
EXHIBIT P2 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 P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 4.4.2023 IN WP(C) NO.11862 OF 2023
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 20.7.2023 IN WP(C) NO.23536 OF 2023
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 12.4.2024 IN WP(C)
NO.14733 OF 2024
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 23.4.2024 IN WP(C) NO.13875 OF 2024
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 3.5.2024 IN WP(C)
NO.16713 OF 2024
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
