Navas P vs The District Geologist
2026 Latest Caselaw 2533 Ker

Kerala High Court

Navas P vs The District Geologist on 1 April, 2026

W,P(C) No.10498 of 2026



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           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948

                      WP(C) NO. 10498 OF 2026

PETITIONERS:

     1      NAVAS P.,
            AGED 29 YEARS, S/O. ABOOBACKER,
            ALUNGAPARAMBIL HOUSE, IRUVETTY P.O.,
            CHENGARA, MALAPPURAM DISTRICT, PIN - 673639

     2      MUHAMMED SADIQUE C.K.,
            AGED 39 YEARS, S/O. ALAVIKUTTY,
            KUNDILADI HOUSE, KAVANNUR P.O.,
            CHELAPPURAM, MALAPPURAM DISTRICT, PIN - 673639

     3      ALI ASKAR C.,
            AGED 49 YEARS, S/O. MOOSAKUTTY,
            CHAKKINGAL HOUSE, IRUVETTY P.O.,
            MALAPPURAM DISTRICT, PIN - 673639


            BY ADVS.
            SRI.K.RAKESH
            SHRI.RAJESH BABU CHELAT



RESPONDENTS:

     1      THE DISTRICT GEOLOGIST,
            DEPARTMENT OF MINING AND GEOLOGY,
            CIVIL STATION, UPHILL,
            MALAPPURAM, PIN - 676505
 W,P(C) No.10498 of 2026



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     2          THE STATION HOUSE OFFICER,
                AREAKKODE POLICE STATION,
                MALAPPURAM DISTRICT, PIN - 673639



OTHER PRESENT:

                BY ADV.AJITH VISWANATHAN - GOVERNMENT PLEADER


         THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION        ON   01.04.2026,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W,P(C) No.10498 of 2026



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                             J U D G M E N T

Dated this the 1st day of April, 2026

Petitioners approached this Court alleging illegal seizure

of their vehicles (Tipper lorries) in connection with

Crime no.193/2026 of Areakkode Police Station. As per

Ext.P2 Seizure Mahazar, the vehicles were found

transporting minerals from a quarry, which was being

conducted without any enabling license or permit. In

Ext.P1 F.I.R, the offences alleged are under Section 288

of the Bharatiya Nyaya Sanhita, 2023, and also under

Section 4 of the Explosive Substances Act, 1908.

2. Learned counsel for the petitioners would submit that

the issue involved in this Writ Petition has already been

considered by this Court in a common judgment dated

19.03.2026 in W.P.(C)No.9255/2026 and connected cases.

There, it has been held that the lorries of the

petitioners therein cannot be seized for the reason that

an F.I.R has been booked against the owner of the quarry.

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3. Learned Government Pleader would submit that, that

judgment is distinguishable. It was pointed out that, in

that case, the vehicle was merely parked in front of the

quarry, and the quarry therein was not illegal. In the

instant case, the vehicle was found transporting minerals,

that too, from an illegal quarry. Therefore, the said

judgment cannot apply to the instant facts, is the

submission made.

4. Having heard the learned counsel for the petitioners

and the learned Government Pleader, this Court notice that

even though there are distinguishable facts, the

proposition that a person whose lorries/vehicles have been

hired cannot be saddled with the liability to ascertain

whether the quarry is being conducted in accordance with

law or not, merits recognition. The prosecution has no

case that the lorries belong to the owner of the quarry,

which is being conducted illegally. Lorries belong to the

petitioners, who are independent persons and who have no

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casual connection, whatsoever, with the conduct of the

quarry. In such circumstances, for the reason that the

quarry from where the mineral was uploaded is illegal, the

petitioners who are owners of the lorries cannot be held

liable. Nor is the vehicles liable to be seized. This

argument of the learned counsel for the petitioners is

prima facie attracted.

5. In the circumstances, this Court directs the 2 nd

respondent to release the lorries, after keeping the

mineral in safe custody, within one week from today

(01.04.2026). Let the above direction be complied with in

the presence of the 1st respondent. Petitioners will

produce a copy of this judgment before the respondents,

for compliance.

6. It is clarified that, this Court has not opined

anything on the merits of the crime registered against the

owner of the quarry. Learned Government Pleader would

submit that the prosecution be given the liberty to

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initiate appropriate action for violation of the Kerala

Minor Mineral Concession Rules. The said liberty will

always be there, either with the prosecution or with the

1st respondent/Geologist, as statute warrants.

The Writ Petitioner (Civil) is allowed as indicated above.

Sd/-

C. JAYACHANDRAN JUDGE TR

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APPENDIX OF WP(C) NO. 10498 OF 2026

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO.193/2026 OF THE AREAKKODE POLICE STATION DATED 14-03-2026 Exhibit P2 A TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT AT THE TIME OF SEIZURE DATED 14-03-2026 Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO.KL-72-3679 Exhibit P4 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO.KL-38-G-4690 Exhibit P5 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO.KL-10-AF-