Kerala High Court
WP(C)/42758/2022 of ABOOBACKER SIDEEQUE Vs THE SUB INSPECTOR OF POLICE on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 42758 OF 2022 PETITIONERS: 1 ABOOBACKER SIDEEQUE AGED 31 YEARS SON OF MOIDEEN, MALIYEKKAL, MOONIYUR SOUTH P.O., MALAPPURAM – 676311. 2 ABDUL HAKEEM
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
WP(C) NO. 42758 OF 2022
PETITIONERS:
1ABOOBACKER SIDEEQUEAGED 31 YEARSSON OF MOIDEEN, MALIYEKKAL, MOONIYUR SOUTH P.O., MALAPPURAM – 676311.
2ABDUL HAKEEM CHEERAM KULANGARAAGED 36 YEARSSON OF HASSANKOYA, THAZHATHEKALATHIL, ALUNGAL KOOFA, VELIMUKKU SOUTH, MOONIYUR, MALAPPURAM – 676317.
BY ADVS.P.M.ZIRAJIRFAN ZIRAJ
RESPONDENTS:
1THE SUB INSPECTOR OF POLICE KOTTAKKAL POLICE STATION, MALAPPURAM – 676503.KOTTAKKAL POLICE STATION, MALAPPURAM – 676503.
2THE DISTRICT GEOLOGISTDEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MINI CIVIL STATION, MALAPPURAM – 676121.
BY SRI.V.S SREEJITH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 30.12.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
J U D G M E N T
Dated this the 30[th] day of December, 2022
The 1[st] petitioner is the owner of Lorries bearing registration Nos.KL-57C-6125, KL-57H-4332 and a JCB
Excavator bearing registration No.KL-10AB-7525. The2[nd] petitioner is the owner of Lorry bearing registration No.KL-55N-6720. The said vehicles were seized on 21.12.2022alleging violation of the provisions contained in the KeralaMinor Mineral Concession Rules, 2015 and Mines andMinerals (Development and Regulation) Act, 1957.
2. The petititoners state that the vehicles of thepetitioners have not been deployed for any illegal activity. Theseizure of the vehicles is unjustified. The petitioners want toget interim custody of the vehicle. Unless the 1[st] respondent : 3 :
refers the matter to the Jurisdictional Magistrate immediately, the petitioners will be put to untold hardship.
3. Government Pleader entered appearance andresisted the writ petition. Government Pleader submitted thatthe vehicles were seized on finding that it has been deployedfor violating the provisions of the Kerala Minor MineralConcession Rules and Mines and Minerals (Development andRegulation) Act. The 1[st] respondent has referred the matterto the Sub Collector and the Sub Collector as per Ext.P1 hasdirected the Senior Geologist to take necessary steps in thisregard.
4. I have heard the learned counsel for the petitioners and the learned Government Pleader representing therespondents.
5. The vehicles of the petitioners are in custody of therespondents from 21.12.2022 onwards. The petitioners havea legal right to approach the competent authority for custodyof the vehicles. The petitioners will be able to approach thecourt only if the respondents file complaints before the competent Jurisdictional Court.
In the facts and circumstances of the case taking into consideration Ext.P1 communication, the writ petition isdisposed of directing the MMDR Seizure Station House Officerto report to District Geologist. The Station House Officer willbe directed to forward complaint to the District Geologist andthe District Geologist to file complaint in respect of the seizurebefore the Jurisdictional Magistrate within a period of oneweek.
Sd/-
N. NAGARESH
JUDGE
sss
: 5 :
APPENDIX OF WP(C) 42758/2022
PETITIONERS' EXHIBIT
EXHIBIT P1TRUE COPY OF THE SEIZURE MAHASSAR DATED21.12.2022 PREPARED BY THE FIRSTRESPONDENT.