SREENIVASAN Vs. THE REVENUE DIVISIONAL OFFICER AND ORS.

JUDGEMENT

(1.) THE issue projected in this writ petition is with regard to the power and competence of the 2nd respondent to have effected seizure of the vehicle belonging to the petitioner bearing registration No. KL -57 -3091 allegedly for transporting ordinary earth in contravention to the provisions under the 'MMDR Act, 1957'/'KMMC Rules (for short, 'Act/Rule').

(2.) THE petitioner seeks to place reliance on G.O.(Ms) No. 20/14/ID dated 12.02.2014 issued by the Government, whereby the competent authorities/officers have been notified, also mentioning the area of jurisdiction within which they can exercise their power in connection with the offences under the relevant provisions of the Act/Rules. In the said Government Order, the respondent who has effected seizure in the instant case is not mentioned and as such, the proceedings are stated as per se wrong and illegal in all respects; thus seeking for a relief to have the vehicle released to the petitioner unconditionally.

(3.) WHEN the matter came up for consideration before this Court earlier, an interim order was passed granting interim custody of the vehicle to the petitioner, on satisfying a sum of Rs. 25,000/ - subject to further orders to be passed in the writ petition. It is stated that, pursuant to the said order, the petitioner satisfied the said amount and got interim custody of the vehicle. Today, when the matter is taken up for further consideration, it is pointed out by the learned Government Pleader that the G.O dated 12.02.2014 sought to be relied on by the petitioner came to be issued under a mistake, and that the same is being corrected by issuing a proper G.O, draft of which is placed for perusal of this Court. This Court does not intend to express any opinion with regard to the same. The power, jurisdiction and authority vested with the authorities of Revenue, Police and the Department of Geology have already been dealt with by this Court as per the decision reported in Aloshias C Antony v Government of Kerala : (2014(1) KLT 538); whereby the course and proceedings pursued by the concerned officers intercepting the vehicle in respect of the concerned offence was upheld. It was thereafter, that notification was issued by the Government as borne by the aforesaid G.O dated 12.02.2014. The said G.O does not make a reference to the verdict already passed by this Court. Under what circumstance was the said G.O issued, is not discernible. However, in view of the submission made by the learned Government Pleader that, necessary steps are being pursued to have it corrected and to issue a proper G.O, this Court does not venture into any further exercise.