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2015 Supreme(Online)(KER) 18068

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
PRADEEP K D – Appellant
Versus
COMMERCIAL TAX INSPECTOR – Respondent


J U D G M E N T

Petitioner (same in both the cases) is the owner of the vehicles bearing Nos. KL.09/W-9491 and KL.09/V-2829, which were seized by the second respondent/Sub Inspector of Police on 20.09.2014 alleging violation of the provisions of Mines and Mineral (Development and Regulation ) Act, 1957 and Kerala Minor Mineral Concession Rules. The learned Counsel for the petitioner submits that no offence has been committed by the petitioner under any circumstance and that the proceedings pursued by the respondents are per se wrong and illegal in all respects. Hence the challenge.

2. When the matter came up for consideration before this Court on 16.10.2014, the custody of the aforesaid vehicles was ordered to be released on execution of simple bonds and the vehicles were released accordingly.

3. After hearing both the sides, this Court finds that in view of the disputed questions of fact , the matters require to be proceeded with further . Accordingly, the second respondent/Sub Inspector of Police is set at liberty to file necessary complaint before the concerned Magistrate's Court having jurisdiction over W.P.(C)No. 26924 & 26925 OF 2014 the area, within two weeks from the date of r

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