Vehicles seized under the Mines and Minerals (Development and Regulation) Act are not liable for confiscation if they are found to be empty at the time of seizure, in accordance with the principles laid down in District Collector, Palakkad v. Unais.

J U D G M E N T

Dated this the 29^th day of May, 2026 Petitioner challenges Ext.P3 Seizure Mahazar, as per which, two vehicles have been seized, alleging violation of the Mines and Minerals (Development and Regulation) Act and also the Kerala Minor Mineral Concession Rules. The short point canvassed by the learned counsel for the petitioner is that the vehicles were empty at the time of seizure and hence entitled to the benefit of the judgment of this Court in the District Collector, Palakkad v. Unais [W.A.No.609/2023].

2. Learned Government Pleader would submit that the vehicles were parked on the site for the transportation of the illegally mined soil. However, learned Government Pleader would agree that the vehicles, at the time of seizure, were empty.

3. Inasmuch as the vehicles were empty at the time of seizure, the petitioner's right in contending that he is entitled to the benefit of the dictum laid down in Unais (supra). In the circumstances, there will be a direction to the 2^nd respondent to release the vehicles to the petitioner forthwith. Learned Government Pleader will communicate the gist of this judgment to the 2^nd respondent, today itself.

The Writ Petition will stand allowed, as indicated above.