[Cites 3, Cited by 0]

Kerala High Court

Noushad A vs The Sub Inspector Of Police on 4 February, 2026

                                                     2026:KER:9861
[WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

                                 1
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947

                      WP(C) NO. 2984 OF 2026

PETITIONER:
           NOUSHAD A.,
           AGED 37 YEARS
           SON OF KAIS K, BENDICHAL HOUSE, THEKIL VILLAGE,
           KASARGODE TALUK, KASARGOD DISTRICT (OWNER OF LORRY
           BEARING REGISTRATION NO. KL 60 B 4443), PIN - 671541


          BY ADVS.
          SRI.P.M.ZIRAJ
          SHRI.IRFAN ZIRAJ


RESPONDENTS:
     1     THE SUB INSPECTOR OF POLICE,
           BEKAL POLICE STATION, KASARAGOD DISTRICT, PIN - 671318

    2     THE REVENUE DIVISIONAL OFFICER (R.D.O.),
          KANHANGAD, KASARAGOD DISTRICT, PIN - 671315

    3     THE DISTRICT GEOLOGIST,
          DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
          KASARAGOD, PIN - 671123

    4     DIRECTOR OF MINING AND GEOLOGY,
          DEPARTMENT OF MINING AND GEOLOGY DIRECTORATE,
          KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM, PIN -
          695004


          SMT.DEEPA NARAYANAN (SR.GP)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2026, ALONG WITH WP(C).2507/2026, 2765/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      2026:KER:9861
[WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

                                 2

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947

                      WP(C) NO. 2507 OF 2026

PETITIONER:
           ANSAR P.P.,
           AGED 29 YEARS
           SON OF MUHAMMEDKUNHI, PP HOUSE, PALLIPUZHA, ALLIKKARA,
           KASARGOD (OWNER OF TIPPER LORRY BEARING REGISTRATION
           NO. KL-46-0867), PIN - 671316


          BY ADVS.
          SRI.P.M.ZIRAJ
          SHRI.IRFAN ZIRAJ


RESPONDENTS:
     1     INSPECTOR OF POLICE,
           BEKAL POLICE STATION, KASARGOD DISTRICT, PIN - 671318

    2     REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
          KANJANGAD, KASARGOD DISTRICT, PIN - 671315

    3     DISTRICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
          KASARGOD DISTRICT, PIN - 671123

    4     DIRECTOR OF MINING AND GEOLOGY ,
          MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM,
          PATTAM, THIRUVANANTHAPURAM, PIN - 695004

          SMT.DEEPA NARAYANAN (SR.GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2026, ALONG WITH WP(C).2984/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      2026:KER:9861
[WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

                                 3

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947

                      WP(C) NO. 2765 OF 2026

PETITIONER:
           ANSAR P.P.,
           AGED 29 YEARS
           SON OF MUHAMMEDKUNHI, PP HOUSE, PALLIPUZHA, PALLIKKARA,
           KASARGOD (OWNER OF TIPPER LORRY BEARING REGISTRATION
           NO. KL-14-K-3188), PIN - 671316


          BY ADVS.
          SRI.P.M.ZIRAJ
          SHRI.IRFAN ZIRAJ


RESPONDENTS:
     1     INSPECTOR OF POLICE,
           BEKAL POLICE STATION, KASARGOD, PIN - 671318

    2     REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
          KANJANGAD, KASARGOD DISTRICT, PIN - 671315

    3     DISTRICT GEOLOGIST,
          CIVIL STATION, KASARGOD DISTRICT, PIN - 671123

    4     DIRECTOR OF MINING AND GEOLOGY,
          MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM,
          PATTAM, THIRUVANANTHAPURAM, PIN - 695004


          SMT.DEEPA NARAYANAN (SR.GP)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2026, ALONG WITH WP(C).2984/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      2026:KER:9861
[WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

                                 4

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947

                      WP(C) NO. 2901 OF 2026

PETITIONER:
           ANSAR P.P.,
           AGED 29 YEARS
           SON OF MUHAMMEDKUNHI, PP HOUSE, PALLIPUZHA, PALLIKKARA,
           KASARGOD (OWNER OF TIPPER LORRY BEARING REGISTRATION
           NO. KL-59-5755), PIN - 671316


          BY ADVS.
          SRI.P.M.ZIRAJ
          SHRI.IRFAN ZIRAJ


RESPONDENTS:
     1     INSPECTOR OF POLICE,
           BEKAL POLICE STATION, KASARGOD DISTRICT, PIN - 671315

    2     REVENUE DIVISIONAL OFFICER/SUB COLLECTOR,
          KANJANGAD, KASARGOD DISTRICT, PIN - 671315

    3     DISTRICT GEOLOGIST,
          CIVIL STATION, KASARGOD DISTRICT, PIN - 671123

    4     DIRECTOR OF MINING AND GEOLOGY,
          MINING AND GEOLOGY DIRECTORATE, KESAVADASAPURAM,
          PATTAM, THIRUVANANTHAPURAM, PIN - 695004

          SMT.DEEPA NARAYANAN(SR.GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2026, ALONG WITH WP(C).2984/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      2026:KER:9861
[WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

                                 5

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947

                      WP(C) NO. 2962 OF 2026

PETITIONER:
           NOUSHAD A.,
           AGED 37 YEARS
           SON OF KAIS K, BENDICHAL HOUSE, THEKIL VILLAGE,
           KASARGODE TALUK, KASARGOD DISTRICT (OWNER OF LORRY
           BEARING REGISTRATION NO. KL 13 T 627), PIN - 671541


          BY ADVS.
          SRI.P.M.ZIRAJ
          SHRI.IRFAN ZIRAJ


RESPONDENTS:
     1     THE SUB INSPECTOR OF POLICE,
           BEKAL POLICE STATION, KASARAGOD DISTRICT, PIN - 671318

    2     THE REVENUE DIVISIONAL OFFICER (R.D.O.),
          KANHANGAD, KASARAGOD DISTRICT, PIN - 671315

    3     THE DISTRICT GEOLOGIST,
          DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
          KASARAGOD, PIN - 671123

    4     DIRECTOR OF MINING AND GEOLOGY,
          DEPARTMENT OF MINING AND GEOLOGY DIRECTORATE,
          KESAVADASAPURAM, PATTOM, THIRUVANANTHAPURAM, PIN -
          695004

          SMT.DEEPA NARAYANAN (SR.GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2026, ALONG WITH WP(C).2984/2026 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      2026:KER:9861
[WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

                                     6
                                JUDGMENT

The issue involved in these five Writ Petitions are common

and hence considered together.

2. In all these cases, the vehicle of the respective

petitioners were seized by the 1st respondent/Sub Inspector of

Police on various dates, alleging that sand is loaded in the

lorry from Kodi Kadappuram (Kodi Seashore) at Kottikulam,

Kasaragod in violation of the provisions of law.

3. Learned counsel for the respective petitioners would

point out that there is no provision in the Kerala Minor

Mineral Concession Rules, 2015 (K.M.M.C. Rules) dealing with

transportation of sand from the seashore, or in other words,

sea sand. The Kerala Protection of River Banks and Regulation

of Removal of Sand Act also cannot apply, inasmuch as river

sand is not involved. On such premise, the respective

petitioners seek relief of forwarding the files regarding

seizure to the 3rd respondent/Geologist and to direct release

of the vehicles to the interim custody of the petitioners.

4. Although arguments were raised before this Court 2026:KER:9861 [WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

based on the applicability of the Mines and Minerals

(Development and Regulation) Act, 1957 (M.M.D.R. Act), the

Offshore Areas Mineral (Development and Regulation) Act, 2002

and also K.M.M.C. Rules, this Court is of the opinion that to

allow the limited prayer sought for by the petitioners, the

arguments need not be addressed now. The petitioners seek the

matter to be reported to the 3 rd respondent/Geologist, as

also, for release of the vehicles on interim custody.

5. Learned Government Pleader would submit that the sand

seized can be subjected to examination to ascertain whether

it is sea sand or otherwise and also whether it contains any

minerals. Based on the outcome of that examination, further

action in terms of the appropriate statute can be initiated.

There is no quarrel that in all these cases, the seizure was

reported to the Revenue Divisional Officer on the premise

that he is the competent Authority under the Kerala

Protection of River Banks and Regulation of Removal of Sand

Act. Inasmuch as it is admitted that the sand in question has

been transported from the seashore, this Court finds little

applicability of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act.

2026:KER:9861 [WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

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

respondent to forward the files in all the five Writ

Petitions to the 3rd respondent/Geologist. The petitioners'

request for interim custody of the vehicle will be considered

favourably by the 3rd respondent/Geologist, after execution of

necessary bonds. Thereafter, it will be open for the 3 rd

respondent to adopt the course as suggested by the learned

Government Pleader or such other course, if any, as per law.

Let the above exercise of the forwarding the records to the

3rd respondent and reporting the matter to him be completed

within a period of three days from today. If the petitioners

file an application for interim custody, the same will be

disposed within a period of 10 days by the Geologist.

These Writ Petitions will stand disposed of with the above

direction.

Sd/-

C. JAYACHANDRAN JUDGE SAS 2026:KER:9861 [WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

APPENDIX OF WP(C) NO. 2984 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE SEIZURE MAHAZAR DATED 4.12.2025 ALONG WITH A READABLE COPY OF THE SAME 2026:KER:9861 [WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

APPENDIX OF WP(C) NO. 2507 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT IN SHAN VERSUS STATE OF KERALA REPORTED IN 2010 (3) KLT 413 (F.B.) 2026:KER:9861 [WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

APPENDIX OF WP(C) NO. 2765 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT IN SHAN VERSUS STATE OF KERALA REPORTED IN 2010 (3) KLT 413 (F.B.) 2026:KER:9861 [WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

APPENDIX OF WP(C) NO. 2901 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SEIZURE MAHASSAR DATED 3.10.2023 PREPARED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT IN SHAN VERSUS STATE OF KERALA REPORTED IN 2010 (3) KLT 413 (F.B.) 2026:KER:9861 [WP(C) Nos.2984/2026, 2507/2026, 2765/2026, 2901/2026, 2962/2026]

APPENDIX OF WP(C) NO. 2962 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE SEIZURE MAHAZAR DATED 22/11/2025 ALONG WITH A READABLE COPY OF THE SAME