The applicability of various mining laws concerning the seizure of vehicles for transporting sea sand was clarified, with a focus on interim custody pending geological evaluations.

JUDGMENT The issue involved in these five Writ Petitions are common and hence considered together.

2. In all these cases, the vehicle of the respective petitioners were seized by the 1^st respondent/Sub Inspector of Police on various dates, alleging that sand is loaded in the lorry from Kodi Kadappuram (Kodi Seashore) at Kottikulam, Kasaragod in violation of the provisions of law.

3. Learned counsel for the respective petitioners would point out that there is no provision in the Kerala Minor Mineral Concession Rules , 2015 (K.M.M.C. Rules) dealing with transportation of sand from the seashore, or in other words, sea sand. The Kerala Protection of River Banks and Regulation of Removal of Sand Act also cannot apply, inasmuch as river sand is not involved. On such premise, the respective petitioners seek relief of forwarding the files regarding seizure to the 3^rd respondent/Geologist and to direct release of the vehicles to the interim custody of the petitioners.

4. Although arguments were raised before this Court based on the applicability of the Mines and Minerals (Development and Regulation) Act, 1957 (M.M.D.R. Act), the Offshore Areas Mineral (Development and Regulation) Act, 2002 and also K.M.M.C. Rules, this Court is of the opinion that to allow the limited prayer sought for by the petitioners, the arguments need not be addressed now. The petitioners seek the matter to be reported to the 3^rd respondent/Geologist, as also, for release of the vehicles on interim custody.

5. Learned Government Pleader would submit that the sand seized can be subjected to examination to ascertain whether it is sea sand or otherwise and also whether it contains any minerals. Based on the outcome of that examination, further action in terms of the appropriate statute can be initiated. There is no quarrel that in all these cases, the seizure was reported to the Revenue Divisional Officer on the premise that he is the competent Authority under the Kerala Protection of River Banks and Regulation of Removal of Sand Act . Inasmuch as it is admitted that the sand in question has been transported from the seashore, this Court finds little applicability of the .

6. In the circumstances, this Court directs the 2^nd respondent to forward the files in all the five Writ Petitions to the 3^rd respondent/Geologist. The petitioners’ request for interim custody of the vehicle will be considered favourably by the 3^rd respondent/Geologist, after execution of necessary bonds. Thereafter, it will be open for the 3^rd respondent to adopt the course as suggested by the learned Government Pleader or such other course, if any, as per law. Let the above exercise of the forwarding the records to the 3^rd respondent and reporting the matter to him be completed within a period of three days from today. If the petitioners file an application for interim custody, the same will be disposed within a period of 10 days by the Geologist.

These Writ Petitions will stand disposed of with the above direction.

Sd/-