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2013 Supreme(Ker) 746

P.R.RAMACHANDRA MENON
Aloshias C. Antony – Appellant
Versus
Chief Secretary, Government of Kerala – Respondent


Advocates appeared:
For the Petitioner:K.K. Unni. (Ezhumattoor), P.M. Ziraj, Advocates.
For the Respondents: R1 to R5, Joseph George, Sr. Government Pleader.

Judgment :

1. The power and authority of the concerned respondents Police/Revenue/Mining and Geology Department) to seize the vehicles engaged in raising/transporting 'ordinary earth' in contravention of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957/ Kerala Minor Mineral Concession Rules, 1967 (hereinafter referred to as 'MMDR Act/KMMC Rules') is under challenge in all these writ petitions.

2. In some of the cases, intervention and seizure had been effected by the Police (Sub Inspector/Assistant Sub Inspector of Police ) while in others, seizure had been effected by the Revenue Officials (RDO/Tahsildar/Village Officer) or by the officers under the Mining and Geology Department. In most of the cases, the main contention raised is that eventhough a notification had been issued by the State Government under Section 22 of the MMDR Act, authorizing the concerned respondents to be the authorised officers for filing complaint before the appropriate Court for taking cognizance thereof, no notification had been issued to effect seizure under Section 21(4) of the said enactment and hence the challenge.

3. The pleadings and proceedings are referred to, as given








































































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