VASUDEVAN Vs. DEPUTY TAHASILDAR (INSPECTION)

JUDGEMENT

(1.) Petitioner is the owner of a lorry bearing Reg. No. KL -52 - 9299, which was seized by the respondent, alleging illegal transportation of 'ordinary earth'. The case of the petitioner is that the petitioner has not used the vehicle in contravention of any provisions of the 'MMDR Act, 1957'/Kerala Minerals (Prevention of Illegal Mining and Storage and Transportation) Rules, 2015, or the Kerala Conservation of Paddy land and Wet Land Act (Act 28 of 2008). The learned counsel for the petitioner submits that the vehicle was being used to transport ordinary earth covered by valid permit/P Form.

(2.) Heard the learned counsel for the petitioner and also the learned Government Pleader.

(3.) The learned Government Pleader submitted that the vehicle was seized for illegal transportation of ordinary sand and that the offence involved is one under the MMDR Act/Kerala Minerals (Prevention of Illegal Mining and Storage and Transportation) Rules, 2015. He has pointed out that no offence under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 is involved.