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2022 Supreme(Online)(KER) 12493

HIGH COURT OF KERALA
Shoba Annamma Eapen, J
MANIKANDAN – Appellant
Versus
THE DEPUTY TAHASILDAR, PTTAMBI TALUK – Respondent


Advocates:
SRI.P.M.ZIRAJ,GOVERNMENT PLEADER

JUDGMENT

The petitioner has filed this writ petition for a direction to the respondent to release the vehicle bearing Reg.No.KL-52A- 6513 unconditionally and also to declare that the respondent is not an authorized officer under the provisions of the Kerala Minor Mineral Concession Rules, 1967 and Mines and Mineral (development and regulation) Act, 1957 to seize the vehicle of the petitioner.

2. The case of the petitioner is that the vehicle belonging to him was seized by the respondent on 26.1.2015 violating the aforementioned provisions.

3. The learned counsel for the petitioner submits that as per Ext.P2, G.O (MS) No.20/14/1D dated 12.2.2014, the respondent Deputy Tahsildar, does not have the power or competence to have effected seizure of the vehicle belonging to the petitioner and as per the said Government Order the competent authority/officers have been notified.

4. The learned Government Pleader submits that as per the aforementioned Government order, the competent authority for adjudication in this case is the District Geologist, Ernakulam District and the said officer is not in the party array.

5. The District Geologist, Ernakulam District is suo motu impleaded.

6. When the

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