ABU C.M. Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner is doing business of weathered sand (matty sand) for which an application was submitted before the Panchayat as per Ext.P1. He started certain initial preparations for doing business in Matty sand and for that purpose, he started leveling the land by using his own JCB bearing Registration No.KL-40-D-4417 and, two of his lorries bearing Nos.KL-40-E- 7838 and KL-17-3120 were also being used. These vehicles were seized by the first respondent on 21/07/2012 alleging manufacture of matty sand without permission of the third respondent. The seizure was effected on the petitioner's site. Ext.P3 is the copy of the seizure mahazar.

(2.) IT is pointed out that weathered sand is not a minor mineral and is not included in the Schedule-I of the Kerala Minor Mineral Concession Rules or under Rule 8A of the said Rules. Reliance is also placed on Ext.P5 Judgment of a Division Bench of this Court in W.A.No.1570/2011 declaring that for weathered sand, permit from the Geologist is not required for transporting the same.

(3.) HEARD the learned counsel for the petitioner and the learned Government Pleader.