2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 9581 OF 2025 PETITIONER: ANWAR ASHRAF AGED 28 YEARS SON OF RAHMATH, PRARATHEL HOUSE, NAKKOLA, VELIANCODE, ERAMANGALAM P.O., MALAPPURAM DISTRICT- (OWNER OF TIPPER LORRY BEARING REGISTRATION NO. KL-54-P-9847), PIN – 679587. BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT, PIN – 676505. 2 THE SUB INSPECTOR OF POLICE VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT, PIN – 676552. SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH WP(C).9565/2025, 9580/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 9565 OF 2025 PETITIONER: REJI, AGED 49 YEARS SON OF KRISHNANKUTTY, CHERATH VALAPPIL, EDAPPAL, KOLATH, KOLALAMBU, MALAPPURAM-(OWNER OF TIPPER LORRY BEARING REGISTRATION NO. KL-54-3627), PIN – 679576. BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE DISTRICT GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT, PIN – 676505. 2 THE SUB INSPECTOR OF POLICE VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT, PIN – 676552. SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH WP(C).9581/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 9580 OF 2025 PETITIONER: AFSAL K AGED 37 YEARS SON OF MOIDU, KUNDANIYIL, MOOCHIKKAL, VALANCHERI, KATTIPPARUTHI, MALAPPURAM-(OWNER OF TIPPER LORRY BEARING REGISTRATION NO. KL-55-AG-3169), PIN – 676552. BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT, PIN – 676505. 2 THE SUB INSPECTOR OF POLICE VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT, PIN – 676552. SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH WP(C).9581/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 9644 OF 2025 PETITIONER: VALSAMMA VARGHESE, AGED 59 YEARS WIFE OF MATHEW T, MUNDIYANICKAL HOUSE, BATTATHUR, PANAYAL P.O., PANIYAL, KASARGOD DISTRICT-(OWNER OF HITACHI EXCAVATOR), PIN – 671318. BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS: 1 THE DISTRICT GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MALAPPURAM DISTRICT, PIN – 676505. 2 THE SUB INSPECTOR OF POLICE, VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT, PIN – 676552. SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, ALONG WITH WP(C).9581/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 5 T.R. RAVI, J. -------------------------------------------- WP(C) Nos.9581/2025, 9565/2025, 9580/2025 & 9644/2025 -------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT In all these cases, vehicles have been seized on the allegation that they were being used for transporting minerals without valid passes. A reading of the mahazar would show that the vehicles were at site and the only allegation is that they were loaded with earth. Actual transport is not alleged. The vehicles have not been intercepted while there was a transport. Merely on the ground that there is a chance of an offence being committed the power to seize the vehicle cannot be exercised. 2. The counsel for the petitioners relied on Rule 26 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, which reads thus: “26. Preparation and issue of Mineral Transit 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 6 Passes.—(1) Every dealer or producer under these rules, before he sells or transports or causes to transport minerals shall obtain mineral transit passes in Form O(A) of these rules with the name seal and signature of the authorised officer concerned in the original of such passes and while he sells or transports or causes to transport minerals shall prepare the pass in duplicate in accordance with the conditions mentioned therein and give the original of it to every purchaser or driver or person in charge of any carrier used in carrying the minerals. xxxx xxxx xxxx” 3. A reading of the Rule would clearly show that a transit pass is to be issued for the purpose of transport of the mineral and a copy is to be issued to the transporter, which the transporter is bound to carry and produce when intercepted. In the case on hand, the actual transport has not happened and the passes had only been prepared. I do not find any justification for seizing the vehicle in such cases. There will be a direction to the 2nd respondent to release the vehicles forthwith. This order is without prejudice to the respondents 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 7 taking action against the dealer, for any violation that might have happened in the preparation of the transit passes. The writ petitions are disposed of as above. Sd/- T.R.RAVI JUDGE mpm 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 8 APPENDIX OF WP(C) 9581/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHAZAR DATED 5.3.2025 PREPARED BY THE SECOND RESPONDENT. Exhibit P2 TRUE COPY OF THE TRANSIT PERMIT DATED 15.2.2025 ISSUED BY THE SECRETARY, EDAYUR GRAMA PANCHAYATH. Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 29.3.2023 IN W.A.NO.609 OF 2023. 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 9 APPENDIX OF WP(C) 9565/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHAZAR DATED 5.3.2025 PREPARED BY THE SECOND RESPONDENT. Exhibit P2 TRUE COPY OF THE TRANSIT PERMIT DATED 15.2.2025 ISSUED BY THE SECRETARY, EDAYUR GRAMA PANCHAYATH. Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 29.3.2023 IN W.A.NO.609 OF 2023. 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 10 APPENDIX OF WP(C) 9580/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHAZAR DATED 5.3.2025 PREPARED BY THE SECOND RESPONDENT. Exhibit P2 TRUE COPY OF THE TRANSIT PERMIT DATED 15.2.2025 ISSUED BY THE SECRETARY, EDAYUR GRAMA PANCHAYATH. Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 29.3.2023 IN W.A.NO.609 OF 2023. 2025:KER:26729 WP(C) NO. 9581 OF 2025 & CONN.CASES 11 APPENDIX OF WP(C) 9644/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHAZAR DATED 5.3.2025 PREPARED BY THE SECOND RESPONDENT. Exhibit P2 TRUE COPY OF THE TRANSIT PERMIT DATED 15.2.2025 ISSUED BY THE SECRETARY, EDAYUR GRAMA PANCHAYATH. Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 29.3.2023 IN W.A.NO.609 OF 2023.