Tipper lorries were seized for being parked near a quarry; the court held empty vehicles cannot be proceeded against under the Kerala Minor Mineral Concession Rules and directed their release.
Direction to the Inspector of Police to release both tipper lorries (KL-10-AG-0992 and KL-56-C-3602) forthwith.
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 C. JAYACHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 17450 OF 2024
PETITIONERS:
1SUNEESH P.K
AGED 29 YEARS
SON OF KISHORKUMAR, PUTHULOMKUNNATH, U.K.PADY, VELLILA P.O.,
MANKADA, MALAPPURAM- (OWNER OF TIPPER LORRY BEARING
REGISTRATION NO. KL-10-AG-0992), PIN - 679324
2RATHEESH
AGED 38 YEARS
SON OF NARAYANAN, PUTHENVEETTIL HOUSE, VELLILA P.O.,
MANKADA, MALAPPURAM-(OWNER OF TIPPER LORRY BEARING
REGISTRATION NO. KL-56-C-3602), PIN - 679324
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT, PIN - 6765112 THE INSPECTOR OF POLICE MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT., PIN - 676511BY ADV. SRI.AJITH VISWANATHAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No.17450 of 2024
2
C. JAYACHANDRAN, J.
W.P.(C.) No.17450 of 2024
Dated this the 21st day of May, 2024
JUDGMENT
The point raised in this Writ Petition is whether empty vehicles (tipper lorry bearing registration no. KL-10-AG-0992 and another one bearing registration no. KL-56-C-3602) can be seized and proceeded under the provisions of the Kerala Minor Mineral Concession Rules, only for the reason that the same was found parked near a quarry.
3
W.P.(C.) No.17450 of 2024
[2023 (1) KLT 651] is produced as Ext.P2 and the decision
of the learned Single Judge in Mohammed Habeeb Rahman v. The Sub Inspector of Police and others is produced as Ext.P3.
numbers of which are referred above, forthwith.
The Writ Petition is disposed of accordingly.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/21-05
W.P.(C.) No.17450 of 2024
4
APPENDIX OF WP(C) 17450/2024
PETITION |
ERS’ EXHIBITS: |
|||
|---|---|---|---|---|
EXHIBIT |
P1TRUEDISTR |
COPY OICT CO |
F THELLECTOR |
JUDGMENT REPORTED IN UNAIS VS2023 (1) KLT 651 |
EXHIBIT |
P2TRUEOF TW.A.N |
COPY OHIS HOO.609 |
F THE JNOURABOF 2023 |
UDGMENT OF THE DIVISION BENCHLE COURT DATED 29.3.2023 IN |
EXHIBIT |
P3TRUECOURT |
COPYDATED |
OF THE4.4.20 |
JUDGMENT OF THIS HONOURABLE23 IN WP(C) NO.11862 OF 2023 |
EXHIBIT |
P4TRUECOURT |
COPYDATED |
OF THE20.7.2 |
JUDGMENT OF THIS HONOURABLE023 IN WP(C) NO.23536 OF 2023 |
EXHIBIT |
P5TRUE |
COPY |
OF T |
HE INTERIM ORDER OF THIS |
HONOUNO.14 |
RABLE733 OF |
COURT2024 |
DATED 12.4.2024 IN WP(C) |
|
EXHIBIT |
P6TRUECOURT |
COPYDATED |
OF THE23.4.2 |
JUDGMENT OF THIS HONOURABLE024 IN WP(C) NO.13875 OF 2024 |
EXHIBIT |
P7TRUE |
COPY |
OF T |
HE INTERIM ORDER OF THIS |
HONOUNO.16 |
RABLE713 OF |
COURT2024 |
DATED 3.5.2024 IN WP(C) |
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether empty vehicles parked near a quarry can be seized and proceeded against under the Kerala Minor Mineral Concession Rules.
Colour shows how this judgement treated each authority
District Collector and others v. Unais and othersFollowed¶2
[2023 (1) KLT 651]
Suneesh P.K
Ratheesh
The District Geologist, Malappuram District
The Inspector of Police, Malappuram Police Station
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court