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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
NOUSHAD A. – Appellant
Versus
THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, KASARAGOD DISTRICT – Respondent
| Table of Content |
|---|
| 1. challenges to the seizure of vehicles transporting sand. (Para 2 , 3) |
| 2. court considers the applicability of mining regulations. (Para 4) |
| 3. court's directive on the recommendation to the geologist and interim custody. (Para 5 , 6) |
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 1st 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 3rd respondent/Geologist and to direct release of the vehicles to the interim custo
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