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2022 Supreme(Ker) 945

S. MANIKUMAR, SHAJI P. CHALY
Ashok Kumar M. R. , S/o. Ramakrishnan Nair – Appellant
Versus
Tahsildar, Vatakara Taluk, Kozhikkode District – Respondent


Advocates Appeared:
For the Appellant : Babu S. Nair.
For the Respondents: Sri. Tek Chand.

JUDGMENT :

(Shaji P. Chaly, J.)

1. The captioned appeals are filed by the petitioners in W.P.(C) Nos. 32272, 36137, 35788, 35613, 35601, 34381, 33874, 34680, 33865, 33861, 29973, 34133, 31585, 29847, 33673, 32240, 34952, 29827, 32252, 29586, 33515, 36995, 34485, 20520 and 17394 of 2022 challenging the common judgment of the learned single Judge dated 30.11.2022 dismissing the writ petitions.

2. The subject issue arises under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (‘Act, 1957’ for short) vis-a-vis seizure of vehicles belonging to the appellants allegedly for violation of the provisions of the Act, 1957; the primary reliefs sought for in the writ petitions are: (i) to issue a writ of mandamus commanding the respondents to release the Excavator/JCB/other vehicles to the petitioners; and (ii) declare that the seizure of the vehicle under the provisions of the Act, 1957 by the Tahsildar/Deputy Tahsildar are perseillegal, in view of Section 21(4) of the Act, 1957, as he is not an officer specially empowered to seize the vehicle.

3. The pleadings, mate

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