ANILKUMAR Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) Being aggrieved by the judgment dated 10.1.2020 in Writ Petition (C)No.234 of 2020, appellants/writ petitioners have filed instant writ appeal. Challenge raised in the writ petition is that seizure and detention of vehicles and earth remover for the alleged extraction and transportation of ordinary earth unauthorizedly from the property of one Mohammed Faris, Marekkara comprised in R.S.No.S.80/1C-2.2, is illegal.

(2.) Learned Single Judge, after considering the rival submissions, dismissed the writ petition, relevant portion of which reads thus:

(3.) Learned counsel for the appellants submitted that since the owner of the property has obtained Ext.P6 building permit, valid upto 14.10.2021, for construction of a residential building having an extent of 184.08 sq.mtrs., no permit is required for extraction of ordinary earth as provided under Rule 14 of the Kerala Minor Mineral Concession Rules, 2015 and, therefore, the seizure and custody of earth remover is without any authority of law.