SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(Ker) 114

S.MANIKUMAR, ANIL K.NARENDRAN
Anilkumar, S/o. Malukutty – Appellant
Versus
Station House Officer, Valancherry Police Station, Valancherry – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.K.MOHAMED RAVUF, SRI.P.CHANDRASEKHAR

JUDGMENT :

S.MANIKUMAR, J.

Being aggrieved by the judgment dated 10.1.2020 in Writ Petition No.234 of 2020, appellants/writ petitioners have filed instant writ appeal. Challenge raised in the writ petition is that seizure and detention of vehicles and earth remover for the alleged extraction and transportation of ordinary earth unauthorizedly from the property of one Mohammed Faris, Marekkara comprised in R.S.No.S.80/1C-2.2, is illegal.

2. Learned Single Judge, after considering the rival submissions, dismissed the writ petition, relevant portion of which reads thus:

    “2. The learned Government Pleader points out that by virtue of Rule 14 (1) and (2) of the amended proviso the owner WP(C).No.234 OF 2020(D) 3 of the land shall obtain minerals transit passes for the quantity to be transported. The petitioners ought not to have accepted the contract for transporting of the earth, as the owner did not have the transit passes and the petitioner has an alternate remedy under Rule 27 of Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules, 2015.

3. I have heard the learned counsel for the parties. It would be difficult of things to extract Rule 14 (1) and (2) along w

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top