A writ appeal challenging the disposal of a petition regarding the seizure of an earth-moving vehicle for alleged violation of mineral rules. The bench disposed of the appeal without altering the lower court's direction to the Collector.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 25TH DAY OF JULY 2013/3RD SRAVANA, 1935 WA.No. 1167 of 2008 ( ) IN WP(C).16168/2008
--------------------------------------------JUDGMENT IN WP(C) 16168/2008 of HIGH COURT OF KERALA DATED 02-06-2008
APPELLANT/PETITIONER:
M.K.S. EARTH MOVERS, REPRESENTED
BY ITS PROPRIETOR M.K. MOHAMMADALI, S/O SYED MOHAMMED, AGED 42 YEARS, MADAMPIKATHIL HOUSE, MANNOOR, KALADY P.O., VATTAMKULAM VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT.
BY ADVS.SRI.T.V.GEORGE
SRI.JIMMY GEORGE (THADATHIL)
RESPONDENTS/RESPONDENTS:
BY SR. GOVERNMENT PLEADER MR.P.I.DAVIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.NO.1167/08
APPENDIX
APPELLANT'S EXTS.:
ANNEXURE AI: TRUE COPY OF JUDGMENT DATED 9.3.06 IN W.P.(C) NO.5722/06 PASSED BY A DIVISION BENCH OF THIS HON'BLE COURT.
ANNEXURE AII: TRUE COPY OF JUDGMENT DATED 16.10.07 IN W.P.(C) NO.32289/06 OF THIS HON'BLE COURT.
RESPONDENT'S EXTS.: NIL.
Srd
(True copy)
P.S. To Judge.
MANJULA CHELLUR, C.J. & K. VINOD CHANDRAN, J.
W.A. No.1167 of 2008
Dated this the 25th day of July, 2013
Judgment
Manjula Chellur, C.J.
It is not in dispute that the lorry belonging to the appellant came to be seized alleging violation of provisions under the Kerala Minor Mineral Concession Rules, 1967. According to the appellant, he was transporting only red earth which does not come under the definition of minor mineral. According to the Government, red earth also is a minor mineral for the purpose of Mines and Minerals (Regulation and Development) Act, 1957 under which the Kerala Minor Mineral Concession Rules, 1967 enacted. However, the learned Single Judge disposed of the Writ Petition with a direction to the District Collector concerned to pass final order pertaining to the proceedings in respect of seizure of tipper lorry of the appellant. It is also pertinent to mention that as the tipper lorry was already handed over to the appellant, depending upon the final orders by the District Collector, it is open to the appellant to move concerned authority
W.A.1167/08
2
if occasion arises. With these observations, the Writ Appeal is
disposed of.
MANJULA CHELLUR, CHIEF JUSTICE.
K. VINOD CHANDRAN, JUDGE.
srd
2 issues framed by the court
Whether the Writ Appeal arising from a direction to pass final order on seizure of a lorry for alleged mineral violation is allowed or disposed of.
Whether the definition of red earth as a minor mineral affects the finality of the impugned order.
Colour shows how this judgement treated each authority
W.P.(C) No.5722/06 judgment dated 9.3.06Referred¶22
W.P.(C) No.5722/06
W.P.(C) No.32289/06 judgment dated 16.10.07Referred¶23
W.P.(C) No.32289/06
2 provisions across 2 enactments
M.K.S. Earth Movers
Tahsildar, Taluk Office, Ponnani
Village Officer, Kattiparathil
Malappuram Revenue Special Squad
Sub Inspector of Police, Kuttipuram
Manjula Chellur
K. VinodChandan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
