Pradeep K.D v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 6135 of 2015 (N) --------------------------- PETITIONER:

------------------------------------------------ PRADEEP K.D., S/O.DIVAKARAN, AGED 38 YEARS KAPPIL HOUSE, VELLIKKAD, MUNDUR P O, 678592 PIN PALAKKAD DIST(REGISTERED OWNER OF KKL-09/V-2829) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S)/RESPONDENTS:

----------------------------------------------------

1. THE DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD-678001

2. JUNIOR SUPERINTENDENT TALUK OFFICE, PALAKKAD-678001

3. PALAKKAD MUNICIPALITY, REP BY ITS SECRETARY OFFICE OF THE PALAKKAD MUNICIPALITY, PALAKKAD-678001 R1 AND R2 BY SR. GOVERNMENT PLEADER SRI.JOSEPH GEORGE R3 BY ADV. SRI.T.C.SURESH MENON SRI.P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

vmr.

WP(C).No. 6135 of 2015 (N) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF REGISTRATION CERTIFICATE DTD 21/6/2007 OF THE VEHICLE KL- 09-V-2829.

P2:- TRUE COPY OF THE SEIZURE MAHAZAR DTD 20/2/2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P3:- TRUE COPY OF THE CERTIFICATE DTD 23/2/2015 ISSUED BY THE CHAIRPERSON, PUBLIC WORKS STANDING COMMITTEE, PALAKKAD MUNICIPALITY.

RESPONDENT(S)' EXHIBITS :

NIL /TRUE COPY/ P.A.TO JUDGE vmr

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.6135 OF 2015 ......................................................................... Dated this the 3rd day of March, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"(i) To issue a writ of certiorari and quash Ext.P2 seizure Mahazar and its all further proceedings; (ii) To issue a writ of mandamus directing the respondent to release the vehicle KL-09/V-2829 to petitioner forthwith; and (iii) To issue such other relief as this Hon'ble Court may think deem fit and award cost of this Petition to the petitioner."

2. The case of the petitioner is that absolutely no offence has been committed either under the Kerala Minor Mineral Concession Rules, 1967 or under the Mines and Mineral (Development & Regulation) Act, 1957 or under the relevant rules. The material which was taken in the vehicle bearing Registration No.KL-09/V-2829 belonging to the petitioner is

W.P.(C) No.6135 of 2015 'waste', pursuant to the cleaning exercise for construction of a culvert using M.L.A fund, and it was as per the instruction given by the local authority, which stands certified as per Ext.P3 dated 23.02.2015. Pursuant to the intervention made by the 2nd respondent, the material contained in the lorry was unloaded in the premises and still the vehicle is detained and hence the writ petition.

3. The learned Government Pleader appearing for the respondents Nos. 1 and 2 submits that the vehicle has already been released to the petitioner and it has been decided that no further steps need to be pursued against the petitioner or the vehicle. The above submission is recorded. No further orders are called for.

The writ petition is disposed of accordingly. Sd/- P.R.RAMACHANDRA MENON JUDGE //true copy// P.S. To Judge St/-