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HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
KAMALAN A – Appellant
Versus
THE ADDITIONAL TAHSILDAR KARTHIKAPPALLI TALUK ALAPPUZHA – Respondent
WRIT PETITION (CIVIL) 26180/2012
Mineral - Seizure of Vehicle - Kerala Minor Mineral Concession Rules - Sections 60A(1) - The court addressed the applicability of the Kerala Minor Mineral Concession Rules concerning the seizure of a vehicle for carrying red earth, interpreting the authority of the District Collector in handling compounding applications.
Fact of the Case:
The petitioner, owner of a JCB, had their vehicle seized for allegedly transporting red earth without the necessary permit as per the Kerala Minor Mineral Concession Rules. The petitioner contended that the seizing authority was unauthorized and sought compounding under Rule 60A(1).
Issues: Whether the seizure of the vehicle was justified under the Kerala Minor Mineral Concession Rules and whether the application for compounding could be entertained by the District Collector.
Ratio Decidendi: The court held that the petitioner must present their case to the District Collector, who has the authority to determine the applicability of the mineral rules and the status of the land, thus guiding future actions.
Final Decision: Writ petition disposed of with directions.
J U D G M E N T
The petitioner is the registered owner of a JCB bearing registration No.KL-29-5437 which was seized on 29.10.2012. According to the petitioner, the allegation is that the JCB was used without any permit for transportation of red earth in violation of the provisions of the Kerala Minor Mineral Concession Rules , 1967. It is contended that the 3rd respondent is not an authorized authority to exercise the powers under the .
2. According to the petitioner, the benefit of Rule 60A(1) of the Kerala Minor Mineral Concession Rules for compounding has been sought for by the petitioner but so far it has not been conceded by acting upon the application.
3. Learned Government Pleader on getting instructions submitted that the allegation is one of violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act and therefore, the application for compounding cannot be entertained and if the petitioner seeks for interim release of the vehicle, the petitioner will have to move the District Collector.
4. Learned counsel for the petitioner submitted that the petitioner's stand is that only the provisions of the Kerala Minor Mineral Concession Rules are applicable which may also be directed to be considered by the District Collector.
The petitioner will file appropriate representation before the District Collector along with a certified copy of this judgment and the writ petition within a period of one week. The same will be entertained and the District Collector will take appropriate decision after considering all questions including the dispute whether the offence is only under the Kerala Minor Mineral Concession Rules . The said contention is raised by the petitioner in the light of the fact that the property is alleged to be a dry land and not a paddy land. If the offence made out is only under the , further directions will be issued by the District Collector with regard to the future actions and appropriate orders will be passed within a period of three weeks of the date of receipt of the representation.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE smp
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