Disposed

Balakrishnan Nair v. the State of Kerala

Kerala HC8 Dec 2020WP(C)/27263/2020

Case brief

AI extract

What is this about?

The petitioner challenged the seizure of his lorry alleging illegal commission under the Mines and Minerals Act. The Court held the criminal court must decide the correctness of allegations and no provision exists for lorry release under the Act, disposing of the writ with directions to forward files to initiate criminal proceedings.

What did the court decide?

Petitioner directed to move the criminal court for release of the tipper lorry under CrPC upon initiation of criminal proceedings by the additional sixth respondent.

Balakrishnan Nair Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942

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WP(C).No.27263 OF 2020(G)

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PETITIONER/S:

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BALAKRISHNAN NAIR, AGED 59 YEARS, S/O.RAMAN NAIR, RESIDING AT 3/521, MADIKKAI, MADIKKAI P.O., KASARAGOD DISTRICT.

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BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI SRI.SHAHID AZEEZ SMT.CHANDRALEKHA SANU

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE DISTRICT COLLECTOR, KASARAGOD, CIVIL STATION, VIDYANAGAR P.O., KASARAGOD DISTRICT - 671 315.

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W.P.(C) No.27263 of 2020

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**3 THE REVENUE DIVISIONAL OFFICER, KANHANGAD, KANHANGAD P.O., KASARAGOD DISTRICT - 671 315. 4 THE TAHSILDAR, HOSDURG TALUK, KANHANGAD P.O., KASARAGOD DISTRICT - 671 315. 5 THE VILLAGE OFFICER, AJANOOR VILLAGE, AJANOOR P.O., KASARAGOD DISTRICT - 671 531. 6 ADDL.R6 THE DISTRICT GEOLOGIST, KASARAGOD. R6 IS IMPLEADED SUO MOTU AS THE ADDITIONAL SIXTH RESPONDENT AS PER THE ORDER DATED 08.12.2020. SRI.K.J.MANURAJ, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27263 OF 2020

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W.P.(C) No.27263 of 2020

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J U D G M E N T

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A tipper lorry owned by the petitioner bearing registration No.KL-60 E/3290 has been seized by the fifth respondent alleging commission of an offence punishable under the Mines and Minerals (Development and Regulation) Act, 1957 (the Act). The case of the petitioner is that the seizure is illegal. The petitioner, therefore, seeks appropriate orders for release of the tipper lorry.

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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The issue whether the allegation, on the basis of which the tipper lorry owned by the petitioner has been seized, is correct is an issue to be adjudicated by the criminal court in the proposed prosecution against the petitioner. There is no provision in the Act for release of the tipper lorry seized alleging commission of the offence punishable under the Act.

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In the circumstances, the writ petition is disposed of directing the respondents concerned to forward the files relating to the seizure of the tipper lorry of the petitioner to the additional

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WP(C).No.27263 OF 2020

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sixth respondent forthwith, if not already forwarded, and directing the additional sixth respondent to initiate appropriate criminal proceedings against the petitioner. This shall be done within a week from the date of receipt of a copy of the judgment. Needless to say that if criminal proceedings are initiated against the petitioner as directed, the petitioner would be free to move the criminal court for release of the tipper lorry in terms of the provisions of the Code of Criminal Procedure.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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rkj

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WP(C).No.27263 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL 60 E 3290 ISSUED BY THE ASSISTANT REGISTERING AUTHORITY, KANHANGAD.

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EXHIBIT P2 THE TRUE COPY OF THE SEIZURE MAHAZER DATED 17/11/2020 PREPARED BY THE FIFTH RESPONDENT.

Balakrishnan Nair v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Balakrishnan Nair v. the State of Kerala

Case brief

What is this about?

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Statutes considered

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