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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.Jayachandran
Pranav Mohanan – Appellant
Versus
District Geologist, Mining And Geology Department – Respondent
| Table of Content |
|---|
| 1. seizure of goods carriage vehicle. (Para 1 , 2) |
| 2. arguments regarding loading status. (Para 3 , 4) |
| 3. interpretation of transport and penalties. (Para 5 , 6 , 7 , 12 , 13) |
| 4. final determination to dismiss writ petition. (Para 14) |
JUDGMENT :
C. Jayachandran, J.
Petitioner’s goods carriage vehicle was seized by the officers under the 1st respondent – Geologist, alleging transportation of minerals illegally. Ext.P2 is the acknowledgment regarding the seizure of vehicle. According to the learned counsel for the petitioner, what was seized is an empty vehicle from the premises of one ‘Deepam Granite Industries’, Kurrupampady. The petitioner would further canvass a case that he was about to return from the premises with empty vehicle, upon being informed that the said Granite Industries has no valid GST registration, at which time the vehicle was seized. The petitioner seeks heavy reliance upon a Division Bench decision of this Court in District Collector vs. Unais dated 29.03.2023 in W.A. No.609/2023 to contend that, even in cases where there is intention to transport minerals, the penal provisions will not attract. On such premise, the petitioner seeks issuance of a ce
The court emphasized that 'transport' under the M.M.D.R Act necessitates actual loading of minerals, making mere intent insufficient to avoid penalties.
Independent vehicle owners cannot be liable for illegal quarry operations they are not connected with.
The detention of seized vehicles must adhere to procedural due process; prolonged retention without recourse violates rights to property and livelihood, justifying release.
The Act, 1957, and Section 21(4-A) vested power of dealing with confiscated tools, equipment, or vehicles in the Court, overriding the provisions of Rule 72(6) of the Rules, 2021.
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