Vehicles seized for transporting earth without valid passes were challenged because Special Courts had not been constituted under the MMDR Act. The court held that their absence did not prevent seizure, confiscation or prosecution, dismissed the petitions and directed immediate surrender of vehicles released under interim orders.
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 N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA,1944 WP(C) NO. 17394 OF 2022
PETITIONER:
RAHUL P.U. AGED 29 YEARS S/O.UNNIKRISHNAN P.V., PADINJARE HOUSE, THENOOR, PARLI, PALAKKAD–678612.
BY ADV. BABU S. NAIR
RESPONDENTS:
1 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, TOWN BUS STAND COMPLEX, PALAKKAD, PALAKKAD-678001.
BY SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).20520/2022, 21614/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA,1944
WP(C) NO. 20520 OF 2022
PETITIONERS:
1 ABDUL SALAM P AGED 46 YEARS S/O.AMMED P., PURAPPILATT HOUSE, MUYIPOTH, MEPPAYUR, KOZHIKKODE - 673524
2 ABHIJITH P.M. AGED 26 YEARS S/O.ASHOKAN, KARAYATTUVALAPPIL HOUSE, NARAKKODE, KEEZHARIYOOR P.O., KOZHIKKODE – 673307.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOZHIKKODE, KOZHIKKODE – 673001. 2 THE SPECIAL DEPUTY TAHSILDAR H SECTION, TALUK OFFICE, KOYILANDI, KOZHIKKODE – 673305.
3 THE TAHSILDAR KOYILANDI TALUK, KOZHIKKODE – 673305.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA,1944
WP(C) NO. 21614 OF 2022
PETITIONER:
BINEESH AGED 38 YEARS S/O.RAJAN, CHITTADIPARAMBU HOUSE, KOTTOOLI P.O., KOZHIKKODE – 673016.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOZHIKKODE, KOZHIKKODE – 673001.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 4 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA,1944 WP(C) NO. 27053 OF 2022
PETITIONERS:
KARTHIKA C.K. AGED 50 YEARS W/O.KRISHNAN C.K., CHERUVAZHATH THAZHAKUNI HOUSE, KURAVANGAD P.O., KOYILANDI, KOZHIKKODE – 673101.
BY ADV. BABU S. NAIR.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 5 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA,1944 WP(C) NO. 27423 OF 2022
PETITIONER:
ABDUL RAFEEQUE C.K. AGED 44 YEARS S/O. MUHAMMED .C.K., AGED 44YEARS, KUDUKKIL HOUSE, ANDIYOORKUNNU, VALIYAPARAMBA.P.O., PULIKKAL, MALAPPURAM – 673637.
BY ADV K.V.GOPINATHAN NAIR.
RESPONDENTS:
1 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, MANJERI, MALAPPURAM – 676517.
2 THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, KONDOTTY, MALAPPURAM – 673638.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 6 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA,1944 WP(C) NO. 29586 OF 2022
PETITIONER:
JAMSHID P AGED 32 YEARS S/O.MAMU, PARAKOTTU HOUSE, ILLATHUTHAZHAM, PANTHEERANKAVU P.O., PERUMANNA, KOZHIKKODE – 673019.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE TAHSILDAR KOZHIKKODE TALUK, KOZHIKKODE – 673001. 2 THE DEPUTY TAHSILDAR KOZHIKKODE TALUK, KOZHIKKODE – 673001.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 7 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 29827 OF 2022
PETITIONERS:
1 SAJEESH P.B. AGED 42 YEARS S/O.BALAN P.K., PUTHANPURAKKAL HOUSE, KANJIRAKKODE, KUMARANALLUR, THRISSUR – 680590. 2 KANNAN P.G. AGED 33 YEARS S/O.GOPALAN, PISANTHI PUNCHAYIL HOUSE, MANGAD,KOTTUPURAM, THRISSUR – 680667.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE STATION HOUSE OFFICER ERUMAPETTY POLICE STATION, THRISSUR DISTRICT – 680584.
2 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, THRISSUR, THRISSUR – 680001.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 8 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 29847 OF 2022
PETITIONER:
MUHAMMED RASHIK A AGED 26 YEARS S/O.ASSANKOYA A., ARAMBACHALIL HOUSE, PAYADITHAZHAM, PANTHEERANKAVU, KOZHIKKODE – 673019.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE STATION HOUSE OFFICER VAZHAKKAD POLICE STATION, MALAPPURAM – 673640.
2 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, MANJERI, MALAPPURAM – 676121.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 9 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 29973 OF 2022
PETITIONER:
ASHOK KUMAR AGED 52 YEARS S/O.RAMAKRISHNAN NAIR, MARANCHERI PUTHANPURA HOUSE, ASAMANNUR,PERUMBAVOOR, ERNAKULAM – 683549.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101.
2 THE DEPUTY TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 10 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 31585 OF 2022
PETITIONER:
SUBHADRA C.K. AGED 65 YEARS W/O.KUTTIKRISHNAN, POOPARAMBIL HOUSE, VARAVOOR P.O., THRISSUR – 680585.
BY ADV. BABU S. NAIR.
RESPONDENTS:
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, CHEMBUKKAVU, THRISSUR – 680020.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 31607 OF 2022
PETITIONERS:
SREELESH AGED 30 YEARS S/O.SREENIVASAN, NADUVILAYIL HOUSE, KUNNATHARA, ULLIYERI, MODAKKALLUR, ATHOLI, KOZHIKKODE – 673315.
BY ADV. K.RAKESH.
RESPONDENTS:
2 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, PALATTUTHAZHAM, KOZHIKKODE – 673020.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 12 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 31997 OF 2022
PETITIONER:
SURAJ T.P. AGED 38 YEARS S/O.RAJAN E.M., VARAKANDY MEETHAL HOUSE, KOLAKKAD P.O., ATHOLI, KOZHIKKODE – 673315.
BY ADV K.RAKESH.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 13 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 32240 OF 2022
PETITIONER:
ANNIE ISSAC AGED 61 YEARS W/O.PAILY ISSAC, KAVANAMATTOM HOUSE, ASAMANNOOR, ERNAKULAM – 683543.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101.
2 THE DEPUTY TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 14 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 32252 OF 2022
PETITIONER:
JITHESH T.P. AGED 47 YEARS S/O.KRISHNAN, THAVARAPARAMBATH HOUSE, MAYYANNUR P.O, VILLYAPPALLI, KOZHIKKODE – 673542.
BY ADV BABU S. NAIR
RESPONDENTS:
VATAKARA TALUK, KOZHIKKODE – 673101.
2 THE DEPUTY TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 15 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 32272 OF 2022
PETITIONER:
ASHOK KUMAR M.R. AGED 58 YEARS S/O.RAMAKRISHNAN NAIR, MARACHERI PUTHANPURA HOUSE, METHALA P.O., ASAMANNUR, ERNAKULAM – 683545.
BY ADV BABU S. NAIR.
RESPONDENTS:
2 THE DEPUTY TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 16 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 33168 OF 2022
PETITIONERS:
1 JULAISE AGED 42 YEARS
S/O.MAMMAD KOYA, THAMARAMANGALATH KUNIYIL,
CHELANNUR, KANNANKARA,
KOZHIKKODE – 673616.
2 P.C. ASHARAF AGED 50 YEARS S/O.HUSSAIN, PERIKORACHALIL HOUSE, NARIKKUNI, KOZHIKKODE – 673585.
BY ADV. K.RAKESH.
RESPONDENTS:
2 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION, PALATTUTHAZHAM, KOZHIKKODE – 673020.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 17 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 33438 OF 2022
PETITIONER:
BINU P., AGED 45 YEARS S/O. PURUSHOTHAMAN, ANIL BHAVAN, VATTAPPARA, KOTTAVATTOM P.O, KOLLAM-691322.
BY ADV. SERGI JOSEPH THOMAS.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 18 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 33515 OF 2022
PETITIONER:
SHIBILAL N AGED 36 YEARS S/O.SIVADASAN, PUNNATHUVAYALIL HOUSE, MOODADI, MUCHUKUNNU, KOZHIKKODE – 673307.
BY ADV. BABU S. NAIR.
RESPONDENTS:
2 THE VILLAGE OFFICER KEEZHARIYUR VILLAGE, KOZHIKKODE – 673307.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 19 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 33673 OF 2022
PETITIONERS:
1 MUHAMMED RASHIK A
AGED 31 YEARS S/O.ASSANKOYA A., ARAMBACHALIL HOUSE, PAYADITHAZHAM, PANTHEERANKAVU, KOZHIKKODE – 673019.
2 ANAS C.K. AGED 33 YEARS S/O.VEERANKUTTY THEERKULATH HOUSE, CHEMMANGOTTUKUTTIYIL, CHELEMBRA P.O., MALAPPURAM – 673631.
BY ADV. BABU S. NAIR.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 20 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 33861 OF 2022
PETITIONER:
SANTHOSH N.K. AGED 45 YEARS S/O.DASAN, THAZHE ELENTHANGATTU HOUSE, RAMANATTUKARA P.O., KOZHIKKODE – 673633.
BY ADV. BABU S. NAIR.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 21 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 33865 OF 2022
PETITIONER:
ARUNJITH C AGED 35 YEARS S/O.CHERUNNI C., THAYYIL HOUSE, PULIKKAL, MALAPPURAM – 673637.
BY ADV. BABU S. NAIR.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 22 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 33874 OF 2022
PETITIONER:
SUDHEER T AGED 43 YEARS S/O.NARAYANAN T., THEEYATH HOUSE, VALIYAPARAMBIL, FEROKE P.O., KOZHIKKODE – 673631.
BY ADV. BABU S. NAIR.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 23 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 33941 OF 2022
PETITIONER:
SHAJI AGED 39 YEARS S/O THIRUMALA, AGED 39, MANAYATH THAZHAM, KEEZHARIYOOR, KOILANDY, CALICUT – 673305.
BY ADV. K.M.FIROZ.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 24 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 34133 OF 2022
PETITIONERS:
1 VIJEESH P AGED 34 YEARS S/O.VIJAYAN, 12/478, PAZHAMKANDATHIL HOUSE, SUKAPURAM P.O., EDAPPAL, MALAPPURAM – 679576. 2 SHAJEER N.P. AGED 30 YEARS S/O.N.P. ABBAS, NEDUMOOLI HOUSE, POTTAMMAL, FAROOK COLLEGE P.O., RAMANATTUKARA, KOZHIKKODE – 673632.
BY ADV. BABU S. NAIR.
RESPONDENT:
THE INSPECTOR OF POLICE THENHIPALAM POLICE STATION, MALAPPURAM DISTRICT – 673636.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 25 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 34381 OF 2022
PETITIONER:
MUHAMMED RASHID P AGED 29 YEARS S/O.ABOOBACKER P., ELEDATH HOUSE, PULIKKAL P.O., MALAPPURAM – 673637.
BY ADV. BABU S. NAIR.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 26 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 34485 OF 2022
PETITIONERS:
1 SHAMEER ALI N AGED 36 YEARS S/O.ABDUL AZEEZ N., MATTUMMAL HOUSE, KOZHIPPURAM, PALLIKKAL, MALAPPURAM – 673634. 2 SUBHA AGED 41 YEARS W/O.SHAJI, MUTHIRAKALLU NILATHUKUNI, THIKKODI P.O., KOZHIKKODE – 673529.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101. 2 THE DEPUTY TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 27 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 34517 OF 2022
PETITIONERS:
1 VIJAYAN K AGED 67 YEARS S/O.KRISHNAN K.K., PARAYULLA PARAMBATH HOUSE, KARIMBANAPPALAM, VATAKARA, KOZHIKKODE – 673101.
2 BIJU P AGED 47 YEARS S/O.MUKUNDAN, PADANNAYIL HOUSE, 19/432, VATAKARA, KOZHIKKODE – 673101.
BY ADV. K.RAKESH.
RESPONDENTS:
1 THE TAHSILDAR VATAKARA TALUK, KOZHIKKODE – 673101. 2 THE VILLAGE OFFICER NADAKKUTHAZHA VILLAGE OFFICE, VATAKARA P.O., KOZHIKKODE – 673101.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 28 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 34680 OF 2022
PETITIONER:
RAJITH K.V. AGED 41 YEARS S/O.RAJAN K.V., KARAKKEPURATH THAZHAM, KODAKKATTUMURI, MUCHUKUNNU P.O., KOZHIKKODE – 673307.
BY ADV. BABU S. NAIR.
RESPONDENTS:
2 THE SUB INSPECTOR OF POLICE PAYYOLI POLICE STATION, KOZHIKKODE – 673523.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 29 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 34806 OF 2022
PETITIONERS:
1 FASEEH A.K. AGED 26 YEARS S/O.SIDDIQUE A.K., AMBANADATH HOUSE, CHOLAKKODE, CHERUKAVU, MALAPPURAM – 673637.
2 SULFIKAR T.P. AGED 28 YEARS PARAKKAL PARAMBU HOUSE, MUNDILAKKAL, MUTHUVALLUR, MALAPPURAM – 673641.
BY ADV. K.RAKESH.
RESPONDENTS:
1 THE INSPECTOR OF POLICE VAZHAKKAD POLICE STATION, MALAPPURAM – 673640.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 30 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 34952 OF 2022
PETITIONER:
MUHAMMED
AGED 52 YEARS S/O.MOIDEEN, POOLATT HOUSE, KARIPUR P.O., PALLIKKAL, MALAPPURAM – 673647.
BY ADV. BABU S. NAIR.
RESPONDENTS:
2 THE SUB INSPECTOR OF POLICE THENHIPALAM POLICE STATION, MALAPPURAM – 673636.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 31 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 35102 OF 2022
PETITIONER:
REMITHA T AGED 30 YEARS D/O.JAYANANDAN E., RAJATHAM, PALAYAD P.O., ANDALOOR, KANNUR – 670661.
BY ADV. K.RAKESH.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 32 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 35434 OF 2022
PETITIONER:
HIROSH O.K. AGED 38 YEARS S/O.CHANDRAN O.K., KOOLICHALAKKAL HOUSE, MAKKADA P.O., KOZHIKKODE – 673611.
BY ADV. K.RAKESH.
RESPONDENTS:
2 THE SUB INSPECTOR OF POLICE KAKKOOR POLICE STATION, KOZHIKKODE – 673613.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 33 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 35456 OF 2022
PETITIONERS:
1 MOHAMED ARIS, AGED 45 YEARS S/O. ABOOBACKER, KARINGAPARA HOUSE, VETTICHIRA, KURUMBATHUR, PUNNATHALA, MALAPPURAM - 676522 (REGISTERED OWNER OF KL-55-X-6362 JCB). 2 MUSTHAFA, AGED 49 YEARS, S/O. KOYA, VETTIKATT MADATHIL HOUSE, ATHAVANAD P.O., TIRUR, MALAPPURAM - 676301. (REGISTERED OWNER OF KL-55-K-5102 MINI LORRY). 3 SAIDALÄVI, AGED 61 YEARS, S/O. ALAVI HAJI, 10/756, ATHIKKATT, ATHAVANAD, KURUMBATHOOR, TIRUR, MALAPPURAM - 67630. (REGISTERED OWNER OF KL-57-B-4669 - MINI LORRY).
BY ADV. K.K.MOHAMED RAVUF.
RESPONDENT:
THE STATION HOUSE OFFICER, VALANCHERRY POLICE STATION, VALANCHERRY, MALAPPURAM - 676552.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 34 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 35601 OF 2022
PETITIONER:
MUHAMMED YASIR P AGED 30 YEARS S/O.SAIDALI, 49/18, KURURAMBATHOOR P.O., TIRUR, MALAPPURAM – 676301.
BY ADV. BABU S. NAIR.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 35 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 35613 OF 2022
PETITIONER:
JALEEL AGED 42 YEARS S/O.AHAMMED, PERUVANKUZHIYIL HOUSE, VALAKKULAM P.O., MALAPPURAM – 676508.
BY ADV. BABU S. NAIR.
RESPONDENTS:
2 THE SUB INSPECTOR OF POLICE TIRURANGADI POLICE STATION, MALAPPURAM – 676306.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 36 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 35788 OF 2022
PETITIONER:
SHAIBU P AGED 43 YEARS S/O.P. KRISHNAN, P.K. INFRASTRUCTURE, 5/3403, C311, SPACE MALL, JAFARKHAN COLONY ROAD, KOZHIKKODE, KOZHIKKODE – 673001.
BY ADV. BABU S. NAIR.
RESPONDENTS:
1 THE TAHSILDAR TALUK OFFICE, KOZHIKKODE – 673001.
2 THE VILLAGE OFFICER KOTTOOLI VILLAGE, KOZHIKKODE – 673004.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 37 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 36136 OF 2022
PETITIONER:
ASIF ALI, AGED 30 YEARS SON OF MOITHEENKUTTY, AGED 30 YEARS, NIRAPARAMBIL HOUSE, PAZHOOR P.O., NADUVATTOM VILLAGE, TIRUR TALUK, MALAPPURAM – 679571. (OWNER OF A TIPPER LORRY BEARING REGISTRATION NO. KL-23-C-2929)
BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ
RESPONDENTS:
2 THE DISTRICT GEOLOGIST, MALAPPURAM, OFFICE OF DISTRICT GEOLOGIST, MANJERI, MALAPPURAM – 676121.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 38 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 36137 OF 2022
PETITIONER:
NOORUDHEEN AGED 48 YEARS S/O.SAINUDHEEN, KIZHAKKEPEEDIYEKKAL HOUSE, TRIPRANGODE, MALAPPURAM DISTRICT PIN - 676108
BY ADV BABU S. NAIR
RESPONDENTS:
2 THE VILLAGE OFFICER THIRUNAVAYA VILLAGE, MALAPPURAM – 676301.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 39 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 36287 OF 2022
PETITIONER:
ANEESH KUMAR AGED 38 YEARS S/O.KUTTINARAYANAN NAIR, KOMMOTH MEETHAL HOUSE, KAKKANCHERY, ULLIYERI P.O., KOYILANDI, KOZHIKKODE – 673620.
BY ADV. K.RAKESH.
RESPONDENTS:
2 THE SPECIAL DEPUTY TAHSILDAR KOYILANDI TALUK KOZHIKKODE – 673305.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 40 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 36289 OF 2022
PETITIONER:
SHEIK HAKKIM AGED 42 YEARS, S/O. SULAIMAN, ANKARA VEEDU, NELLOOR, THAROOR, PALAKKAD – 673620.
BY ADV. K.RAKESH.
RESPONDENTS:
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
: 41 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA, 1944 WP(C) NO. 36307 OF 2022
PETITIONER:
RANEESH P.M. AGED 35 YEARS S/O.RAGHAVAN, PARAMBATH MEETHAL, ULLIYERI P.O., KUNNATHARA, KOZHIKKODE – 673620.
BY ADV. K.RAKESH.
RESPONDENTS:
KOYILANDI TALUK KOZHIKKODE – 673305.
2 THE SPECIAL DEPUTY TAHSILDAR KOYILANDI TALUK KOZHIKKODE – 673305.
BY SMT. DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, ALONG WITH WP(C).17394/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17394/2022 & connected cases
CR
: 42 :
N. NAGARESH, J.
W.P.(C) Nos.17394, 20520, 21614, 27053, 27423, 29586, 29827, 29847, 29973, 31585, 31607, 31997, 32240, 32252, 32272, 33168, 33438, 33515, 33673, 33861, 33865, 33874, 33941, 34133, 34381, 34485, 34517, 34680, 34806, 34952, 35102, 35434, 35456, 35601, 35613, 35788, 36136, 36137, 36287, 36289 and 36307 of 2022
Dated this the 30th day of November, 2022
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The question posed for consideration in these writ petitions is whether any mineral, tool, equipment, vehicle or any other thing can be seized under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957
and whether seized articles are liable to be confiscated under Section 21(4A), when no Special Court is constituted as contemplated under Section 30B of the Act, 1957. The
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petitioners would urge that seizure cannot be effected when no Special Court is notified under Section 30B.
W.P.(C) No.17394/2022 & connected cases : 44 :
not constituted Special Courts, there cannot be any prosecution for the offence and without a prosecution, there cannot be any confiscation, assert the petitioners. If confiscation is not legal, the seizure would also be bad in the eye of law.
W.P.(C) No.17394/2022 & connected cases : 45 :
competency of officials to effect seizure, the Special Government Pleader argued that under Section 102 Cr.P.C., a police officer has power to seize any vehicle found under suspicious circumstances of commission of any offence. The Government Pleader relied on the Full Bench judgment in
Prakash Nayak v. District Collector [AIR 2017 Ker. 55] in support of the proposition. A complaint from the competent authority is not necessary for the police to seize any vehicle.
in an offence under the MMDR Act, contended the Government Pleader.
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W.P.(C) No.17394/2022 & connected cases : 47 :
this Court.
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of the vehicles. In most of these cases, the seizure has not been even reported to the court / Person Authorised.
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constitution of Special Courts to try offences under the Act and since Special Courts are not constituted by the Government, prosecution is not possible and without prosecution, there cannot be any confiscation. If there cannot be a confiscation, then there cannot be any seizure either. If the petitioners’ arguments are rejected, then a question would arise as to the competent courts which are to prosecute offences under the MMDR Act and which are competent to confiscate vehicles seized under the provisions of the Act.
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Act. The conferral power of confiscation of vehicles is not dependent on whether a criminal prosecution for commission of offence under the MMDR Act has been launched against the offender. Confiscation is a separate and distinct proceeding from that of trial.
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the MMDR Act. As per Rule 26(4) of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 framed under the MMDR Act, any consignment of minerals without a valid Mineral Transit Pass shall be considered as illicit. Vehicles involved in these writ petitions were seized finding that the sand/earth carried were without valid passes/permits.
follows:
21. Penalties ― (1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area.
(2) Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.
(3) Where any person trespasses into any land in contravention of the provisions of sub-section (1) of section 4, such trespasser may be served with an order of eviction by the State Government or any authority authorised in this behalf by that
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: 52 :
Government and the State Government or such authorised authority may, if necessary, obtain the help of the police to evict the trespasser from the land.
(4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf.
(4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court.
(5) Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority.
(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub-section (1) shall be cognizable.
Explanation – On and from the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021, the expression “raising, transporting or causing to raise or transport any mineral without any lawful authority” occurring in this Section, shall mean raising, transporting or causing to raise or transport any mineral by a person without prospecting licence, mining lease or composite
W.P.(C) No.17394/2022 & connected cases : 53 :
licence or in contravention of the rules made under Section 23C.
22. Cognizance of offences ― No court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or the State Government.
Under Section 21(4A), any vehicle seized under sub-section (4) is liable to be confiscated by an order of the court competent to take cognisance of the offence.
is vested with the court competent to take cognisance under Section 21(4A). Therefore, non-constitution of Special Courts
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under Section 30B cannot affect seizure and confiscation proceedings under the MMDR Act.
30B. Constitution of Special Courts ― (1) The State Government may, for the purposes of providing speedy trial of offences for contravention of the provisions of sub-section (1) or sub-section (1A) of section 4, constitute, by notification, as many Special Courts as may be necessary for such area or areas, as may be specified in the notification.
(2) A Special Court shall consist of a Judge who shall be appointed by the State Government with the concurrence of the High Court.
(3) A person shall not be qualified for appointment as a judge of a Special Court unless he is or has been a District and Sessions Judge.
(4) Any person aggrieved by the order of the Special Court may prefer an appeal to the High Court within a period of sixty days from the date of such order.
The words “The State Government may ” with which Section 30B begins would only show that the Section is only an enabling provision for the State to constitute Special Courts
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for the purpose of speedy trial of offences under the Act. Section 30B does not give mandatory direction to constitute Special Courts.
in Referring Officer rep. by State of AP v. Shekar Nair [1999 Carl.L.J 4173] which held that the mere fact that no procedure is prescribed or specified under the Special Act
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does not mean that the Special Act dispenses with the procedure for committal of case triable by Court of Sessions and that the Special Court gets original jurisdiction in the matter of initiations, enquiry or trial. There is no good reason why the procedural provisions of Cr.P.C. relating to power and mode of taking cognisance including Section 193 Cr.P.C. should not be applied to the Special Courts.
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: 57 :
the directions of such court. This means that appropriate orders including confiscation orders can be passed by the court having jurisdiction to take cognizance of an offence punishable under Sub Section (1) of Section 21, on a complaint brought by any officer authorised under Section 22 of the MMDR Act. Appropriate orders meant under Sub Section 4A will include even interim orders authorising interim custody under Section 451 of the Coder of Criminal Procedure. The object of Sub Section 4A of Section 21 is not that the property seized under Sub Section 4 shall be liable to confiscation in all situations. What we find on an analysis of the various provisions is that confiscation of properties is authorised under Sub Section 4A, by orders of the court having jurisdiction. However the court is competent to pass appropriate orders, for disposal of the properties. In appropriate cases where the facts and situations are of extreme violation, confiscation will have to be ordered by the court. However, in the case of minerals illicitly transported or imported, confiscation must be the rule. But in the case of vehicles and other articles, appropriate orders including confiscation orders can be passed by the court having jurisdiction, and such properties can be appropriately dealt with.
In paragraph 29, the Full Bench further made the following findings on the general powers of the police under the Cr.P.C.:
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: 58 :
proceedings including seizure, confiscation and prosecution can be initiated under the MMDR Act. We accordingly find that the reliefs as sought by the writ petitioners cannot be granted. We reiterate that as regards the general police powers under the Code of Criminal Procedure for arrest and seizure, there cannot be any doubt or challenge, when such powers are not specifically ousted or excluded by any special or local law. There are provisions in the MMDR Act, authorising the Government to appoint other categories of officers also to make seizure and to initiate prosecution. We find that this is only in addition to the general powers given to the police under the Code of Criminal Procedure. However, as regards cognizance of offences, there is a specific provision under Section 22, and once cognizance otherwise than on complaint as prescribed under the law is barred, such cognizance under the Code of Criminal Procedure may not be possible. Only to that extent, the general powers of police under the Code of Criminal Procedure will stand excluded. In view of the specific provisions in Section 22 of the MMDR Act, prosecution on the basis of a final report under Section 173(2) Cr.P.C. is not possible. As regards the other police powers including arrest and seizure, there is no specific exclusion by the special law, and so, such general powers can be exercised by the police, including the powers to make arrest, and to seize properties.
Division Bench judgment of this Court in Abdul Majeed
Kalathil v. District Collector, Malappuram and others
[2009 (3) KLT 637], would urge that the provisions contained in the MMDR Act as to courts and confiscation, are vague and therefore this Court should not be hesitant to declare
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that the seizures of the vehicles of the petitioners is illegal.
For all the above reasons, the writ petitions are found to be without any merit and therefore the writ petitions
W.P.(C) No.17394/2022 & connected cases : 60 :
are dismissed. The petitioners are directed to surrender their vehicles released pursuant to the interim orders obtained in these writ petitions, forthwith. It is made clear that the petitioners will be free to approach the competent court/authority for interim custody of vehicles or to compound
the offences.
Sd/-
N. NAGARESH, JUDGE
aks/28.11.2022
W.P.(C) No.17394/2022 & connected cases
: 61 :
APPENDIX OF WP(C) 17394/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE MINERAL TRANSIT PASS IN RESPECT OF THE CONSIGNMENT IN THE VEHICLE. EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED, 25-5-2022 BY THE FIRST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN CRL.M.C.N.2080/2022 DATED, 30-3-2022. EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN CRL.M.C.NO.2786/2022 DATED, 29-4-2022. EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN CRL.M.C.NO.2551/2022 DATED, 19-4-2022
RESPONDENTS ANNEXURE
| ANNEXURE R1(A) | TRUE COPY OF THE PERMIT NUMBER |
|---|---|
| 157/2021-22/DOC/OE/MK-215/2021 DATED. 02.05.2022. |
|
| ANNEXURE R1(B) |
TRUE COPY OF THE LETTER NO. DOP/AR.1278/2022/A1 DATED. 25.05.2022. |
| ANNEXURE R1(C) | TRUE COPY OF THE LETTER NO.DOC/M- |
| 1635/2022/A1 DATED.31.05.2022 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY KANNUR. |
|
| ANNEXURE R1(D) | TRUE COPY OF THE NOTICE |
| NO.DOP/A.R.1278/2022/A1 DATED |
|
| 25.05.2022 ISSUED BY THE MINING AND GEOLOGY DEPARTMENT PALAKKAD. |
|
| ANNEXURE R1(E) | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. |
| ANNEXURE R1(F) | TRUE COPY OF THE ORDER IN WP(C) NO.17394 OF 2022 OF THE HONOURABLE HIGH COURT. |
W.P.(C) No.17394/2022 & connected cases : 62 :
| ANNEXURE R1(G) | TRUE CO |
PY | OF | THE | LETTER |
|---|---|---|---|---|---|
| NO.DOP/A.R. | 1278/20 | 22/A1 | DTD 02 | .06.2022 | |
| ISSUED BY DEPARTMENT |
THE PALAKKA |
MININ D. |
G AND | GEOLOGY | |
| ANNEXURE R1(H) | TRUE COPY | OF THE | FIR | REGISTER | ED VIDE |
| NO.0508/202 | 2 ON 05 | .06.2 | 022. |
W.P.(C) No.17394/2022 & connected cases : 63 :
APPENDIX OF WP(C) 20520/2022
PETITIONERS' EXHIBIT
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 19-6-2022 IN RESPECT OF THE SEIZURE OF THE VEHICLE OWNED BY THE FIRST PETITIONER. EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 19-6-2022 IN RESPECT OF THE SEIZURE OF THE VEHICLE OWNED BY THE SECOND PETITIONER. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.17394/2022 DATED, 30-5-2022.
W.P.(C) No.17394/2022 & connected cases
: 64 :
APPENDIX OF WP(C) 21614/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED, 30-6-2022. EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P. (C)NO.17394/2022 DATED, 30-5-2022. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P. (C)NO.20520/2022 DATED, 28-6-2022.
RESPONDENTS' EXHIBIT
EXHIBIT R2(A) TRUE COPY OF THE ORDER G.O (P) NO.55/2015 ID DATED 06.05.2015. EXHIBIT R2(B) TRUE COPY OF THE MAHAZAR NO.642662/2022/A PREPARED BY THE VILLAGE OFFICER DATED 14.06.2022. EXHIBIT R2(C) TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE DISTRICT POLICE CHIEF, KOZHIKODE CITY DATED 30.06.2022. EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 05.07.2022 SENT BY THE DISTRICT POLICE CHIEF, KOZHIKODE CITY. EXHIBIT R2(E) TRUE COPY OF THE ORDER G.O (MS) NO.51/2017/ID DATED 21.06.2017.
W.P.(C) No.17394/2022 & connected cases : 65 :
APPENDIX OF WP(C) 27053/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 20-8-2022. |
OF THE SEIZURE MAHAZAR THE 2ND RESPONDENT DATED, |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022. |
OF THE INTERIM ORDER PASSED O.21614/2022 DATED, 1-7- |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE INTERIM ORDER PASSED O.20520/2022 DATED, 28-6- HON'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 66 :
APPENDIX OF WP(C) 27423/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PARTICULARS |
OF OF TH |
THE REGISTRATION E VEHICLE. |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY OF | THE | GOODS CARRIAGE PERMIT. |
| EXHIBIT P3 | PHOTOGRAPH EXHIBITED AT |
OF T THE |
HE BOARD OF LICENCE PROPERTY. |
| EXHIBIT P4 | TRUE COPY PREPARED BY 18-8-2022. |
OF THE |
THE SEIZURE MAHAZAR 2ND RESPONDENT DATED |
| EXHIBIT P5 | TRUE COPY O IN W.P.(C) 2022. |
F THE NO.20 |
INTERIM ORDER PASSED 520/2022 DATED 28-6- |
W.P.(C) No.17394/2022 & connected cases : 67 :
APPENDIX OF WP(C) 29586/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 15-8-2022 IN RESPECT OF THE SEIZURE OF THE VEHICLE OWNED BY THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.27053/2022 OF THIS HON'BLE COURT DATED, 23-8-2022. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.20520/2022 DATED, 28-6-2022 OF THIS HON'BLE COURT.
W.P.(C) No.17394/2022 & connected cases : 68 :
APPENDIX OF WP(C) 29827/2022
PETITIONERS' EXHIBIT
| EXHIBIT P1 | TRUE COPY CERTIFICATE PETITIONER. |
OF OF THE |
THE REGISTRATION VEHICLE OF THE 1ST |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY CERTIFICATE PETITIONER. |
OF OF THE |
THE REGISTRATION VEHICLE OF THE 2ND |
| EXHIBIT P3 | TRUE COPY O IN W.P.(C)N 2022. |
F THE I O.27053 |
NTERIM ORDER PASSED /2022 DATED, 23-8- |
| EXHIBIT P4 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE O.20520 HON'BL |
INTERIM ORDER PASSED /2022 DATED, 28-6- E COURT. |
W.P.(C) No.17394/2022 & connected cases : 69 :
APPENDIX OF WP(C) 29847/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE | COPY | OF T |
HE | REGISTRATION |
|---|---|---|---|---|---|
| CERTIFI PETITIO |
CATE NER. |
OF THE | VE | HICLE OF THE | |
| EXHIBIT P2 | A TRUE IN W.P 2022. |
COPY .(C)N |
OF THE INT O.27053/20 |
ERI 22 |
M ORDER PASSED DATED, 23-8- |
| EXHIBIT P3 | A TRUE IN W.P. OF THIS |
COPY (C)NO HON' |
OF THE INT .20520/202 BLE COURT. |
ERI 2 DA |
M ORDER PASSED TED, 28-6-2022 |
W.P.(C) No.17394/2022 & connected cases : 70 :
APPENDIX OF WP(C) 29973/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF | THE SEIZURE MAHAZAR PREPARED |
|---|---|---|
| BY THE 2ND RE | SPONDENT DATED, 19-9-2022. | |
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)NO. |
OF THE INTERIM ORDER PASSED 27053/2022 DATED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY | OF THE INTERIM ORDER PASSED |
| IN W.P.(C)NO | .20520/2022 DATED, 28-6-2022 | |
| OF THIS HON'B | LE COURT. |
W.P.(C) No.17394/2022 & connected cases : 71 :
APPENDIX OF WP(C) 31585/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY | OF THE SEIZURE MAHAZAR |
|---|---|---|
| PREPARED BY | THE 1ST RESPONDENT DATED, | |
| 29-9-2022 IN THE EXCAVATO |
RESPECT OF THE SEIZURE OF R OWNED BY THE PETITIONER. |
|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022. |
OF THE INTERIM ORDER PASSED O.27053/2022 DATED, 23-8- |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)NO OF THIS HON' |
OF THE INTERIM ORDER PASSED .20520/2022 DATED, 28-6-2022 BLE COURT. |
W.P.(C) No.17394/2022 & connected cases
: 72 :
APPENDIX OF WP(C) 31607/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | A TRUE COPY CERTIFICATE OF PETITIONER. |
OF THE REGISTRATION THE VEHICLE OF THE |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF PREPARED BY THE 10-2022. |
THE SEIZURE MAHAZAR 1ST RESPONDENT DATED, 3- |
| EXHIBIT P3 | A TRUE COPY OF IN W.P.(C)NO.2 2022. |
THE INTERIM ORDER PASSED 7053/2022 DATED, 23-8- |
| EXHIBIT P4 | A TRUE COPY OF IN W.P.(C)NO.313 OF THIS HON'BLE |
THE INTERIM ORDER PASSED 96/2022 DATED, 30-9-2022 COURT. |
W.P.(C) No.17394/2022 & connected cases
: 73 :
APPENDIX OF WP(C) 31997/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY |
OF | T | HE REGIS |
TRATION |
|---|---|---|---|---|---|
| CERTIFICATE PETITIONER. |
OF TH | E | VEHICLE O | F THE | |
| EXHIBIT P2 | TRUE COPY PREPARED BY 27-9-2022. |
OF T THE FIR |
HE ST |
SEIZURE RESPONDENT |
MAHAZAR DATED, |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022. |
OF THE O.27053 |
INT /20 |
ERIM ORDER 22 DATED, |
PASSED 23-8- |
| EXHIBIT P4 | A TRUE COPY IN W.P.(C)NO OF THIS HON' |
OF THE .31396/ BLE COUR |
INT 2022 T. |
ERIM ORDER DATED, 30 |
PASSED -9-2022 |
W.P.(C) No.17394/2022 & connected cases : 74 :
APPENDIX OF WP(C) 32240/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 27-9-2022. |
OF THE SEIZURE MAHAZAR THE 2ND RESPONDENT DATED, |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE INTERIM ORDER PASSED O.27053/2022 DATED, 23-8- HON'BLE COURT. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE INTERIM ORDER PASSED O.20520/2022 DATED, 28-6- HON'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases
: 75 :
APPENDIX OF WP(C) 32252/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 27-9-2022. EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.27053/2022 DATED, 23-8-2022 OF THIS HON'BLE COURT. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.20520/2022 DATED, 28-6-2022 OF THIS HON'BLE COURT.
W.P.(C) No.17394/2022 & connected cases : 76 :
APPENDIX OF WP(C) 32272/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 27-9-2022. EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.27053/2022 DATED, 23-82022 OF THIS HON'BLE COURT. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.20520/2022 DATED, 28-62022 OF THIS HON'BLE COURT.
W.P.(C) No.17394/2022 & connected cases : 77 :
APPENDIX OF WP(C) 33168/2022
PETITIONERS' EXHIBIT
| EXHIBIT P1 | TRUE COPY PREPARED BY 16-10-2022. |
OF THE SEIZURE MAHAZAR THE 1ST RESPONDENT DATED, |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022. |
OF THE INTERIM ORDER PASSED O.27053/2022 DATED, 23-8- |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)NO OF THIS HON' |
OF THE INTERIM ORDER PASSED .31396/2022 DATED, 30-9-2022 BLE COURT. |
W.P.(C) No.17394/2022 & connected cases
: 78 :
APPENDIX OF WP(C) 33438/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MAHAZAR DATED 26-092022 PREPARED BY THE VILLAGE OFFICER, KARAVALOOR VILLAGE. EXHIBIT P2 TRUE COPY OF THE REPORT DATED 03-10-2022 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPORT DATED 07-10-2022 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 12-10-2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 23-08-2022 IN W.P.(C) NO.27053/2022 OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 12-10-2022 IN W.P.(C) NO.32252/2022 OF THIS HON'BLE COURT.
W.P.(C) No.17394/2022 & connected cases : 79 :
APPENDIX OF WP(C) 33515/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 19-10-2022. |
OF THE |
THE SEIZURE MAHAZAR 2ND RESPONDENT DATED, |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF T HON' 2022 |
HE INTERIM ORDER PASSED BLE COURT IN W.P. DATED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF T O.32 HON |
HE INTERIM ORDER PASSED 252/2022 DATED, 12-10- 'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 80 :
APPENDIX OF WP(C) 33673/2022
PETITIONERS' EXHIBIT
| EXHIBIT P1 | TRUE COPY PREPARED BY 19-10-2022. |
OF THE |
THE SEIZURE MAHAZAR 2ND RESPONDENT DATED, |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF T HON' 2022 |
HE INTERIM ORDER PASSED BLE COURT IN W.P. DATED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF T O.322 HON' |
HE INTERIM ORDER PASSED 52/2022 DATED, 12-10- BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 81 :
APPENDIX OF WP(C) 33861/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 19-10-2022. |
OF THE SEIZURE MAHAZAR THE 2ND RESPONDENT DATED, |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF THE INTERIM ORDER PASSED HON'BLE COURT IN W.P. 2022 DATED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE INTERIM ORDER PASSED O.32252/2022 DATED, 12-10- HON'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 82 :
APPENDIX OF WP(C) 33865/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 19-10-2022 IN RESPECT OF THE SEIZURE OF THE VEHICLE OWNED BY THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.27053/2022 DATED, 23-8-2022. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.32252/2022 DATED, 12-102022 OF THIS HON'BLE COURT.
W.P.(C) No.17394/2022 & connected cases : 83 :
APPENDIX OF WP(C) 33874/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 19-10-2022. |
OF THE |
THE SEIZURE MAHAZAR 2ND RESPONDENT DATED, |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS HON' W.P.(C)NO.27 |
OF T BLE C 053/2 |
HE INTERIM ORDER PASSED OURT IN 022 DATED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF T O.322 HON' |
HE INTERIM ORDER PASSED 52/2022 DATED, 12-10- BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 84 :
APPENDIX OF WP(C) 33941/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY O REGISTRATION VEHICLE BEARI |
F TH CERTI NG NO |
E RELEVANT PAGES OF THE FICATE OF THE PETITIONER'S KL 56G 1654. |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY OF PREPARED BY KOILANDY. |
THE V |
MAHAZAR DATED 22-10-2022 BINDU, DEPUTY TAHSILDAR, |
| EXHIBIT P3 | TRUE COPY OF 17394 OF 2022 HON'BLE HIGH |
THE DAT COURT |
INTERIM ORDER IN WP.(C)NO. ED 30-5-2022 PASSED BY THE OF KERALA. |
| EXHIBIT P4 | TRUE COPY OF 33515 OF 2022 HON'BLE HIGH |
THE DAT COURT |
INTERIM ORDER IN WP.(C).NO. ED 21-10-2022 PASSED BY THE OF KERALA. |
W.P.(C) No.17394/2022 & connected cases : 85 :
APPENDIX OF WP(C) 34133/2022
PETITIONERS' EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 2022. |
OF THE |
THE SEIZURE MAHAZAR RESPONDENT DATED, 12-10- |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF HON 2022 |
THE INTERIM ORDER PASSED 'BLE COURT IN W.P. DATED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF O.33 HON |
THE INTERIM ORDER PASSED 832/2022 DATED, 25-10- 'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 86 :
APPENDIX OF WP(C) 34381/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 19-10-2022. |
OF THE SEIZURE MAHAZAR THE 2ND RESPONDENT DATED, |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF THE INTERIM ORDER PASSED HON'BLE COURT IN W.P. 2022 DATED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE INTERIM ORDER PASSED O.32252/2022 DATED, 12-10- HON'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases
: 87 :
APPENDIX OF WP(C) 34485/2022
PETITIONERS' EXHIBITS
| EXHIBIT P1 | TRUE COPY OF | THE SEIZURE MAHAZAR |
|---|---|---|
| PREPARED BY TH | E 2ND RESPONDENT IN | |
| RESPECT OF THE FIRST PETITIONER |
VEHICLE OWNED BY THE , DATED, 27-10-2022. |
|
| EXHIBIT P2 | TRUE COPY OF | THE SEIZURE MAHAZAR |
| PREPARED BY TH | E 2ND RESPONDENT IN | |
| RESPECT OF THE SECOND PETITIONE |
VEHICLE OWNED BY THE R, DATED, 27-10-2022. |
|
| EXHIBIT P3 | A TRUE COPY OF T | HE INTERIM ORDER PASSED |
| IN W.P.(C)NO.27 2022 OF THIS HON |
053/2022 DATED, 23-8- 'BLE COURT. |
|
| EXHIBIT P4 | A TRUE COPY OF T | HE INTERIM ORDER PASSED |
| IN W.P.(C)NO.20 2022 OF THIS HON |
520/2022 DATED, 28-6- 'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases
: 88 :
APPENDIX OF WP(C) 34517/2022
PETITIONERS' EXHIBITS
| EXHIBIT P1 | TRUE COPY | OF THE SEIZURE MAHAZAR |
|---|---|---|
| PREPARED B | Y THE 2ND RESPONDENT IN | |
| RESPECT OF FIRST PETITI |
THE VEHICLE OWNED BY THE ONER, DATED, 21-10-2022. |
|
| EXHIBIT P2 | TRUE COPY | OF THE SEIZURE MAHAZAR |
| PREPARED B RESPECT OF SECOND PETIT |
Y THE 2ND RESPONDENT IN THE VEHICLE OWNED BY THE IONER, DATED, 21-10-2022. |
|
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)NO OF THIS HON' |
OF THE INTERIM ORDER PASSED .27053/2022 DATED, 23-8-2022 BLE COURT. |
| EXHIBIT P4 | A TRUE COPY IN W.P.(C)NO OF THIS HON' |
OF THE INTERIM ORDER PASSED .20520/2022 DATED, 28-6-2022 BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 89 :
APPENDIX OF WP(C) 34680/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 28-10-2022. EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P. (C)NO.27053/2022 DATED, 23-8-2022. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.32252/2022 DATED, 12-102022 OF THIS HON'BLE COURT.
W.P.(C) No.17394/2022 & connected cases : 90 :
APPENDIX OF WP(C) 34806/2022
PETITIONERS' EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 29-10-2022. |
OF THE SEIZURE MAHAZAR THE 2ND RESPONDENT DATED, |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022. |
OF THE INTERIM ORDER PASSED O.27053/2022 DATED, 23-8- |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE INTERIM ORDER PASSED O.31396/2022 DATED, 30-9- HON'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 91 :
APPENDIX OF WP(C) 34952/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | A TRUE C | OPY | OF | THE REGISTRATION |
|---|---|---|---|---|
| CERTIFICATE PETITIONER. |
OF | THE | VEHICLE OWNED BY THE | |
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF HON 202 |
THE 'BLE 2 DAT |
INTERIM ORDER PASSED COURT IN W.P. ED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF O.3 HO |
THE 2252 N'BLE |
INTERIM ORDER PASSED /2022 DATED, 12-10- COURT. |
W.P.(C) No.17394/2022 & connected cases : 92 :
APPENDIX OF WP(C) 35102/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED, 29-10-2022. EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.27053/2022 DATED, 23-8-2022. EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)NO.31396/2022 DATED, 30-9-2022 OF THIS HON'BLE COURT.
W.P.(C) No.17394/2022 & connected cases : 93 :
APPENDIX OF WP(C) 35434/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 2-11-2022. |
OF THE SEIZURE MAHAZAR THE 2ND RESPONDENT DATED, |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022. |
OF THE INTERIM ORDER PASSED O.27053/2022 DATED, 23-8- |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE INTERIM ORDER PASSED O.33673/2022 DATED, 21-10- HON'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases
: 94 :
APPENDIX OF WP(C) 35456/2022
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE OF JCB BEARING REG. NO. KL-55X-6362. EXHIBIT P2 TRUE COPY OF REGISTRATION CERTIFICATE OF MINI LORRY BEARING REG. NO. KL-55K5102. EXHIBIT P3 TRUE COPY OF REGISTRATION CERTIFICATE OF MINI LORRY REG. NO. KL-57B-4669. EXHIBIT P4 TRUE COPY OF THE SEIZURE MAHAZAR DATED 2-11-2022 PREPARED BY THE RESPONDENT. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P(C)NO.27053/2022 DATED 23-8-2022. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P(C)NO.33832/2022 DATED 25-10-2022. EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P(C)NO.34133 DATED 27-10-2022.
W.P.(C) No.17394/2022 & connected cases : 95 :
APPENDIX OF WP(C) 35601/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE BY THE 2ND RESPO |
SEIZURE MAHAZAR PREPARED NDENT DATED, 3-11-2022. |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF | THE INTERIM ORDER PASSED |
| BY THIS HON (C)NO.27053/2022 |
'BLE COURT IN W.P. DATED, 23-8-2022. |
|
| EXHIBIT P3 | A TRUE COPY OF | THE INTERIM ORDER PASSED |
| IN W.P.(C)NO.322 OF THIS HON'BLE |
52/2022 DATED, 12-10-2022 COURT. |
W.P.(C) No.17394/2022 & connected cases : 96 :
APPENDIX OF WP(C) 35613/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 5-11-2022. |
OF THE |
THE SEIZURE MAHAZAR 2ND RESPONDENT DATED, |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF T HON' 2022 |
HE INTERIM ORDER PASSED BLE COURT IN W.P. DATED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF T O.322 HON' |
HE INTERIM ORDER PASSED 52/2022 DATED, 12-10- BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 97 :
APPENDIX OF WP(C) 35788/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 11-2022. |
OF THE |
TH 2ND |
E SEIZURE MAHAZAR RESPONDENT DATED, 4- |
|---|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF HON 2022 |
THE 'BLE DAT |
INTERIM ORDER PASSED COURT IN W.P. ED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF O.32 HON |
THE 252/ 'BLE |
INTERIM ORDER PASSED 2022 DATED, 12-10- COURT. |
W.P.(C) No.17394/2022 & connected cases : 98 :
APPENDIX OF WP(C) 36136/2022
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 31.10.2022 PREPARED BY THE FIRST RESPONDENT.
W.P.(C) No.17394/2022 & connected cases : 99 :
APPENDIX OF WP(C) 36137/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 11-2022. |
OF THE |
TH 2ND |
E SEIZURE MAHAZAR RESPONDENT DATED, 8- |
|---|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY BY THIS (C)NO.27053/ |
OF HON 2022 |
THE 'BLE DAT |
INTERIM ORDER PASSED COURT IN W.P. ED, 23-8-2022. |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF O.32 HON |
THE 252/ 'BLE |
INTERIM ORDER PASSED 2022 DATED, 12-10- COURT. |
W.P.(C) No.17394/2022 & connected cases : 100 :
APPENDIX OF WP(C) 36287/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 8-11-2022. |
OF THE |
THE SEIZURE MAHAZAR 2ND RESPONDENT DATED, |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022. |
OF T O.27 |
HE INTERIM ORDER PASSED 053/2022 DATED, 23-8- |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF T O.336 HON' |
HE INTERIM ORDER PASSED 73/2022 DATED, 21-10- BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 101 :
APPENDIX OF WP(C) 36289/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 8-11-2022. |
OF THE SEIZURE MAHAZAR THE 2ND RESPONDENT DATED, |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022. |
OF THE INTERIM ORDER PASSED O.27053/2022 DATED, 23-8- |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF THE INTERIM ORDER PASSED O.33673/2022 DATED, 21-10- HON'BLE COURT. |
W.P.(C) No.17394/2022 & connected cases : 102 :
APPENDIX OF WP(C) 36307/2022
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY PREPARED BY 8-11-2022. |
OF THE |
THE SEIZURE MAHAZAR 2ND RESPONDENT DATED, |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY IN W.P.(C)N 2022. |
OF T O.27 |
HE INTERIM ORDER PASSED 053/2022 DATED, 23-8- |
| EXHIBIT P3 | A TRUE COPY IN W.P.(C)N 2022 OF THIS |
OF T O.336 HON' |
HE INTERIM ORDER PASSED 73/2022 DATED, 21-10- BLE COURT. |
3 issues framed by the court
Does non-constitution of Special Courts under Section 30B invalidate seizure and confiscation under the MMDR Act?
Is confiscation under Section 21(4A) dependent on initiation of criminal prosecution?
Which court can take cognisance and confiscate vehicles under the MMDR Act, and can prosecution proceed without Special Courts?
Colour shows how this judgement treated each authority
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9 provisions across 3 enactments
RAHUL P.U.
THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PALAKKAD
THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, PALAKKAD
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
