A writ petition challenging the seizure of the petitioner's vehicle during onway transmission. The court allowed counsel to arrange way-bill papers within 15 days and disposed of the petition.
Directed to send papers for way transmission within 15 days. Clarified jurisdiction lies with Magistrate.
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 HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941
WP(C).No.2875 OF 2020(H)
PETITIONER:
SURESHKUMAR.A AGED 40 YEARS S/O.NARAYANAN NAIR M., RESIDING AT KUNDAMPARA HOUSE, MUNNAD P.O., CHENGALA VIA, KASARAGOD DISTRICT.
BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
GP SRI MANURAJ KJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Wpc 2875/2020
2
JUDGMENT
Counsel for the petitioner submits as per the Mines
and Minerals (Development and Regulation) Act 1957 and
the rules framed thereunder, the petitioner's vehicle has
been seized and send to the District Collector and
retained by the District Collector onway transmission to
court.
2. Learned Government Pleader submits that the
papers for sending them on way transmission are
underway. Let this exercise be undertaken within 15 days
from today. It is made clear that it shall be in domain of
the concerned Magistrate to consider the matter and
proceed in accordance with law.
Writ petition stands disposed of.
SD/-AMIT RAWAL, JUDGE
Lgk
Wpc 2875/2020
3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL 14 W 9788 ISSUED BY THE ASSISTANT REGISTERING AUTHORITY, KANHANGAD.
1 provisions across 1 enactments
Sureshkumar.A
State of Kerala
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court