J U D G M E N T

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The petitioners, who are owners of Tipper Lorries, are aggrieved by the illegal seizure of their Lorries by the respondent.

2. The petitioners are owners of Tipper Lorries bearing Nos.KL-55B-7779 and KL-54C-3153 respectively. On 01.12.2022, the vehicles were seized by the respondent on an allegation that they were used for transportation of laterite stone without any valid pass. The petitioners state that the vehicles were empty when the seizure was made. According to the petitioners, the vehicles were not used for violating any of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 or the Kerala Minor Mineral Concession Rules, 2015. The seizure is therefore illegal.

3. The Senior Government Pleader entered appearance and resisted the writ petition on behalf of the respondent. The Senior Government Pleader submitted that four vehicles were seized by the respondent on 01.12.2022 as they were found involved in illegal transportation of laterite stones. The vehicles did not carry any Mineral Transit Passes. Two of the Lorries bearing Nos.KL-57A-4143 and KL-44-7767 were found loaded with laterite, whereas the two lorries owned by the petitioners bearing Nos. KL-55B-7779 and KL-54C-3153 were found empty.

4. Illegal excavation and transportation were going on when the vehicles were seized. Apart from the vehicles, Tiller Machines were also there, which were used for the illegal excavation and transportation. As the vehicles were found in a place where the illegal excavation and transportation in a large scale were going on, it is obvious that the vehicles of the petitioners were there to be part of the illegal activities. The petitioners are therefore liable to approach the competent jurisdictional Magistrate to get custody of the vehicles. No orders need be passed by this Court in exercise of the discretionary jurisdiction under Article 226 of the Constitution of India, contended the Senior Government Pleader.

5. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondent.

6. Ext.P4 is the Seizure Mahazar. Ext.P4 would show that on 01.12.2022, on receipt of information about illegal quarrying and transportation of laterite from the quarry of one Muhammedali, the respondent visited the site and found that four lorries were involved in quarrying and unauthorised transportation of laterite. The lorries were not supported by Mineral Transit Passes issued by the competent authorities.

7. But, the Mahazar would show that the lorries of the petitioners bearing registration Nos.KL-55B-7779 and KL-54C-3153 were found empty. The Mahazar does not indicate that those lorries were loaded or being loaded with laterite stone for illegal transportation. Mere presence of vehicles in a quarry by itself cannot constitute an offence. Only if a vehicle or a receptacle is found carrying minerals without Mineral Transit Passes, that an offence can be made out. In the circumstances of the case, the seizure of the vehicles of the petitioners which were not found carrying or transporting illicit minerals is illegal.

The writ petition is therefore allowed. The respondent is directed to release the vehicles bearing registration Nos.KL-55B-7779 and KL-54C-3153 to the petitioners 1 and 2 respectively, forthwith.

Sd/-

N. NAGARESH, JUDGE aks/24.12.2022 APPENDIX OF WP(C) 40240/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE OF TIPPER LORRY BEARING REG. NO. KL-

55/B.7779 OF THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF REGISTRATION CERTIFICATE OF TIPPER LORRY BEARING REG. NO. KL-

54/C 3153 OF THE 2ND PETITIONER.

Exhibit P3 TRUE COPY OF THE PRIVATE INDUSTRIAL ESTATE DEVELOPMENT PERMIT DATED

22/9/2022 ISSUED BY THE DIRECTOR OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM.

Exhibit P4 TRUE COPY OF THE SEIZURE MAHAZAR DATED

1.12.2022 ISSUED BY THE RESPONDENT.

RESPONDENT'S EXHIBITS : NIL