High Court of KeralaWP(C)/38125/2015disposed of

Salam v. The Thahasildar, Ottappalam Taluk

2015-12-16Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 38125 of 2015 (M) ---------------------------- PETITIONER(S):

-------------------------- SALAM, SON OF MUHAMMED, AGED 40 YEARS, NAMBIATH HOUSE, KARIMBUZHA P.O., OTTAPPALAM, PALAKKAD DISTRICT, (OWNER OF LORRY BEARING REGISTRATION NO.KL-51-A-7693).

BY ADV. SRI.P.M.ZIRAJ.

RESPONDENT(S):

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

1. THE TAHSILDAR, OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN-679 513.

2. THE VILLAGE OFFICER, SREEKRISHNAPURAM-I VILLAGE, PALAKKAD DISTRICT, PIN-679 513.

3. SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION, PALAKKAD DISTRICT, PIN-679 513.

BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 38125 of 2015 (M) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE MAHAZAR PREPARED BY THE SECOND RESPONDENT DATED 02/12/2015.

EXT.P2 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 03/12/2015 IN WP(C).NO.36616/2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A. MUHAMED MUSTAQUE, J.

-------------------------------------------------- W.P.(C) No. 38125 of 2015 -------------------------------------------------- Dated this the 16th day of December, 2015

J U D G M E N T

The petitioner is the owner of a lorry bearing Reg.No.KL-51-A-7693, which has been seized by the 2nd respondent alleging violation of the Kerala Minor Mineral Concession Rules, 2015.

The petitioner seeks a direction to produce the vehicle before the Judicial First Class Magistrate to enable him to release the vehicle for interim custody. Considering the facts and circumstances of the case, there shall be a direction to respondents 1 & 2 to produce the vehicle before the 3rd respondent within a period of two days. Thereafter, the 3rd respondent shall produce the vehicle before the competent Judicial First Class Magistrate within a further period of two days. If the petitioner moves an application for interim custody of the vehicle, the Judicial First Class Magistrate shall consider

W.P.(C) No. 38125 of 2015 ..2..

the application within three days. The Tahsildar shall also file a report in this regard either before the District Collector or before the District Geologist. Either the District Collector or the District Geologist shall take necessary action under the Kerala Minor Mineral Concession Rules, 2015.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bka/16.12.2015