JUDGMENT

Dated this the 5 th day of January, 2023

The petitioner is the owner of a tipper lorry bearing registration No.KL-84-5401. The Lorry was seized by the 2 nd respondent on 27.12.2022 alleging that the lorry is used for contravening the provisions of the Mines and Mineral (Development and Regulation) Act read with the Kerala Minerals (Illegal Mining, Storage and Transportation ) Rules,

2015. The allegation is that Section 21(4) of the MMDR Act was violated.

2. The petitioner states that the vehicle was not involved in any offence under the Mines and Minerals (Development and Regulation) Act, 1957. Once the vehicle is seized, the authority is bound to report the matter to the Jurisdictional Magistrate. Unless the seizure is forthwith reported to the Jurisdictional Magistrate, the petitioner will be disabled from getting interim custody of the vehicle. In the circumstances, it is highly necessary that the respondents are directed to report the seizure of the vehicle to the Jurisdictional Magistrate.

3. Government Pleader entered appearance on behalf of the respondents and resisted the writ petition. The Government Pleader pointed out that vehicle was seized on a prima facie finding that the lorry was used for contravening provisions of the Mines and Minerals (Development and Regulation) Act, 1957. Mahazars in respect of the seizures have been prepared. The Mahazar should be forwarded to the District Geologist/District Collector for filing formal complaint before the Jurisdictional Court. The petitioner will be at liberty to approach the Jurisdictional Magistrate for interim custody of the vehicle once complaint is filed.

4. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

5. From the writ petition, it is seen that the vehicle involved in the writ petition was seized as early on

27.12.2022. Therefore, it is highly necessary that the respondents are directed to report the matter to the Jurisdictional Magistrate, failing which the petitioner will not be able to get interim custody of the vehicle.

In the circumstances, the writ petition is disposed of directing the respondents to report the seizure of the vehicle to the Jurisdictional Magistrate as expeditiously as possible and at any rate, within a period of one week. If the petitioner moves application for interim custody of the vehicle, I am sure that the competent Jurisdictional Magistrate will consider and pass orders on the application expeditiously.

Sd/- N.NAGARESH JUDGE sss APPENDIX OF WP(C) 239/2023 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT ON 27-12-2022.

EXHIBIT P2 TRUE COPY OF THE REPORT DATED 27-12-2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PERMIT DATED 27-12-2022 ISSUED BY THE COMPETENT GEOLOGIST.