Kottavalappil Abu Thahir vs The District Geologist
2024 Latest Caselaw 14602 Ker

Kerala High Court

Kottavalappil Abu Thahir vs The District Geologist on 31 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 11401 OF 2024
PETITIONER:

            KOTTAVALAPPIL ABU THAHIR
            AGED 30 YEARS
            SON OF PAREED, KOTTAVALAPPIL HOUSE, KOTTAPADAM P.O.,
            PATTITHARA, PALAKKAD (OWNER OF TIPPER LORRY BEARING
            REGISTRATION NO. KL-23-D-1792) PIN - 679534
            BY ADVS.
            P.M.ZIRAJ
            IRFAN ZIRAJ


RESPONDENTS:

    1       THE DISTRICT GEOLOGIST
            DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
            PALAKKAD DISTRICT, PIN - 678001
    2       THE SUB INSPECTOR OF POLICE
            CHALISSERY POLICE STATION, PALAKKAD DISTRICT,
            PIN - 679536

            BY ADV. AJITH VISWANATHAN - GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 11401 of 2024
                               ..2..




                       J U D G M E N T

Dated this the 31st day of May, 2024

Alleging that the petitioner's lorry was being

employed to transport soil illegally, which

constitutes an offence under the Mines and

Minerals (Development and Regulation) Act, the

vehicle was seized by the respondent-authorities.

The petitioner maintains a contention that the

vehicle was empty at the time of the alleged

seizure and therefore, the petitioner is entitled

to the benefit of the law declared by a Division

Bench of this Court in District Collector v.

Unais [W.A.No.609/2023].

2. Learned Government Pleader would submit that,

two other vehicles were also seized along with

the instant vehicle, which were filled with soil

..3..

and that this vehicle was in the queue. A JCB was

also seized from the premises. According to the

Government Pleader, the present vehicle was also

parked only to load the soil and for its

transportation, contrary to law.

3. This Court notice that, by virtue of interim

order dated 01.04.2024, the vehicle has been

released upon executing a bond. It is also

noticed that, going by Ext.P1 mahazar, the

instant vehicle bearing no. KL-23D-1792 was not

loaded with any soil. As rightly contented by the

learned counsel for the petitioner, the

petitioner is entitled to the benefit of the law

declared by this Court in District Collector

(supra).

4. In these circumstances, this writ petition is

allowed, taking stock of the above legal

position. Inasmuch as the vehicle is released by

..4..

virtue of an interim order, no further orders are

warranted.

The Writ Petition (Civil) is accordingly closed.

Sd/-

C. JAYACHANDRAN JUDGE TR

..5..

APPENDIX OF WP(C) 11401/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 16.3.2024 PREPARED BY THE SECOND RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT REPORTED IN UNAIS VS DISTRICT COLLECTOR 2023 (1) KLT 651 Exhibit P3 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 P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 4.4.2023 IN WP(C) NO.11862 OF 2023 Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 20.7.2023 IN WP(C) NO.23536 OF 2023