Disposed

Azeez v. the Deputy Tahasildar

Kerala HC15 Jul 2024WP(C)/6865/2015

Case brief

AI extract

What is this about?

A tractor owner's writ petition seeking release of his vehicle seized for alleged unauthorised granite mining under the Kerala Minor Mineral Concession Rules. An interim order had provisionally released the vehicle on payment of Rs.25,000; as the sole relief was already granted, the petition was disposed of with authorities free to proceed further with notice.

What the court decided

AI extract

Azeez Vs the Deputy Tahasildar — Mining and Natural Resources | Kerala HC (2024)

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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.M.MANOJ

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MONDAY, THE 15^TH DAY OF JULY 2024 / 24TH ASHADHA, 1946 WP(C) NO. 6865 OF 2015

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PETITIONER/S:

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AZEEZ, AGED 43 YEARS S/O.KHADER,PARAKUNNIL,PUTHUKODE.P.O,ALATHUR VILLAGE,ALATHUR TALUK,PALAKKAD DISTRICT(OWNER OF TRACTOR BEARING REGISTRATION NO.KL-49-C-2281).

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BY ADV SRI.P.M.ZIRAJ

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RESPONDENT/S:

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1 THE DEPUTY TAHASILDAR TALUK OFFICE,ALATHUR,PALAKKAD DISTRICT,PIN-686605.

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2 THE DISTRICT COLLECTOR PALAKKAD DISTRICT-686605.

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3 THE DISTRICT GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT-686605.

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SRI.E.G.GORDEN,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 6865 of 2015

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JUDGMENT

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Dated this the 15th day of July, 2024

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The above writ petition is preferred by the owner of a tractor bearing Reg.No. KL-49/C-2281. The vehicle was seized on 21.02.2015 by the 3^rd respondent on the finding that the petitioner mined granite stone by using the above vehicle without any authority and permission violating the provisions under the Kerala Minor Mineral Concession Rules, 1967. Accordingly, a seizure mahazar was prepared on 21.02.2015.

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It is contended by the petitioner that the allegation raised is absolutely erroneous. Since the petitioner conducted mining using Tractor on the strength of quarrying permit. The said quarrying permit is issued by the 3^rd respondent himself on 09.06.2014 with certain conditions. Being aggrieved by Ext.P1, the petitioner has preferred this writ petition seeking for a direction to the 1^st respondent to release the Tractor bearing registration No.KL-49/C-2281.

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When the matter was taken up for consideration on 04.03.2015, this Court passed an interim order whereby directed the respondents to provisionally release the vehicle in question, on satisfaction of an amount of Rs.25,000/- before the 1^st respondent, subject to the result

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WP(C) No. 6865 of 2015

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of the writ petition. Though there was a further direction to file counter affidavit, so far no counter affidavit is filed in the matter.

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It is submitted by the learned Government Pleader that in compliance with the interim order dated 04.03.2015, the petitioner was remitted Rs.25,000/- as per Chellan No.81 dated 11.03.2015 and the vehicle was released to the petitioner.

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The only prayer sought for in this writ petition is to direct the 1^st respondent to release the vehicle bearing Reg.No. KL-49/C-2281 to the petitioner. Going by the submissions made by the learned Government

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Pleader, it appears that the sole relief sought for by the petitioner is already granted and what remains is only adjudication in the light of Ext.P2. Authorities can proceed with the further proceedings, if any, with notice to the petitioner.

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The writ petition is disposed of accordingly.

sd/-

P.M.MANOJ JUDGE

das

WP(C) No. 6865 of 2015

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APPENDIX OF WP(C) 6865/2015

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PETITIONER EXHIBITS

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EXT.P1 TRUE COPY OF THE SEIZURE MAHAZAR DATED 21.2.2015 PREPARED BY THE FIRST RESPONDENT

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EXT.P2 TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE THIRD RESPONDENT DATED 9.6.2014.

Azeez v. the Deputy Tahasildar

Case brief

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Azeez v. the Deputy Tahasildar

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