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2014 Supreme(Online)(KER) 47702

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
AJISH – Appellant
Versus
THE CIRCLE INSPECTOR OF POLICE – Respondent


JUDGMENT

These writ petitions are filed by the owners of the vehicles for release of the vehicles. These vehicles have been seized by the police alleging violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 .

2. The learned Government Pleader, on instructions, submits that these vehicles have been seized by filling paddy land and therefore, contravention of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short, the Act 28 of 2008) is also involved. However, it is not discernible whether the entire property near to which, the vehicles have been seized, included in the draft data bank or not. The petitioners submit that the vehicles have been seized from a public road and therefore, the police have only registered case for W.P.(C) Nos.28546, 28548, 28549 & 28576 of 2014 2 contravention of the Kerala Minor Mineral Concession Rules, 1967 .

3. Considering the facts and circumstances, I am of the view that the vehicles can be released to the petitioners on interim custody on executing a simple bond and payment of Rs.25,000/-(Rupees twenty five thousand only) on each vehicle. The District Collector shall conduct an enquiry in this m

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