VINU P.B. Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has approached this Court impugning the seizing of his vehicles bearing Registration No.KL-58-K-5437 and KL-58-X-2825, asserting that the allegations made against him, that the said vehicles had been used for the transport of laterate stone without valid Permit is untenable and without basis. He therefore, prays that the first respondent, namely - the District Collector, Kannur, be directed to release said vehicles and that Exts.P9 and P10 seizure Mahazar be quashed, taking note of Exts.P11 and P12 Transit Passes issued by the second respondent.

(2.) The learned Government Pleader Shri.Manuraj K.J, submits that the vehicles were in fact seized by the third respondent - Village Officer and have been produced before the District Collector, Kannur. He says that, the petitioner can therefore, prefer a proper application before the said Authority, under the provisions of the Mines and Minerals (Development and Regulation) Act 1957; and that this writ petition is therefore, not maintainable. He adds that the allegations made against the petitioner are based on definite facts and circumstances and therefore, that it may not be possible for this Court, while acting under article 226 of the Constitution of India, to consider it on its merits. He therefore, prays that this writ petition be dismissed.

(3.) When I consider the afore submissions, it is without doubt that the vehicles owned by the petitioner were taken into custody by the third respondent through Exts.P9 and P10 mahazars. However, the petitioner's specific allegation is that there is no offence involved, since the minerals found in the vehicles are covered by Exts.P11 and P12 Transit Passes. If this is so, certainly the petitioner has a right to move the first respondent - District Collector, before whom the vehicles have been stated to be produced, with an appropriate application, so that the said Authority can consider the truth and validity of all the allegations and assertions and then take a final decision in terms of law.