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2023 Supreme(Ker) 177

N. NAGARESH
Unais, Son of Hamsa – Appellant
Versus
District Collector, Palakkad, Kenathuparambu, Kunathurmedu, Palakkad District, PIN – 678013 – Respondent


Advocates Appeared:
For the Petitioners: P.M. Ziraj, Irfan Ziraj.
For the Respondents: Smt. Deepa Narayanan, Sr. GP.

JUDGMENT :

1. In all these writ petitions, the petitioners are aggrieved by seizure of their Tipper Lorries/Excavators alleging that the vehicles were used for contravening the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 2015.

2. It is the specific case of the petitioners that when the seizure of the vehicles was made, the Tipper Lorries were empty, not loaded by any minor minerals. The JCBs were not found involved in any activity of mining any minerals. Therefore, going by the judgment of this Court in W.P.(C) No.40240 of 2022, the Lorries and Excavators are liable to be released.

3. Senior Government Pleader entered appearance on behalf of the respondents and resisted the writ petitions. The Senior Government Pleader submitted that the findings of this Court in the judgment in W.P.(C) No.40240 of 2022 are not legally sustainable and a Review Petition is being filed to review the said judgment.

4. The Senior Government Pleader relied on the counter affidavit in W.P.(C) No.23 of 2023, and stated that as instructed by this Court in the judgment dated 26.06.2016 in W.P.(C) No.14605 of 2015 and connected ca

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