WP(C) NO. 13161 OF 2025 1 2025:KER:28778 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13161 OF 2025 PETITIONER: RONEY MATHEW AGED 34 YEARS SON OF MATHEW, NAMATTATHIL, PULIYAMPULLY, NAMPULLIPURA, MUNDOOR P.O., PALAKKAD DISTRICT (OWNER OF TIPPER LORRY BEARING REGISTRATION NO. KL-50-E-1634), PIN – 678 592 BY ADVS. SRI.P.M.ZIRAJ SRI.IRFAN ZIRAJ RESPONDENTS: 1 THE DISTRICT GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, PALAKKAD, PIN – 678 001 2 THE SUB INSPECTOR OF POLICE KONGAD POLICE STATION, PALAKKAD DISTRICT, PIN – 678 631 SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13161 OF 2025 2 2025:KER:28778 T.R.RAVI.J ---------------------------------------------- WP(C) No.13161 of 2025 --------------------------------------------- Dated this the 03rd day of April, 2025 JUDGMENT The prayer in the writ petition is for a direction to the 2nd respondent to release the vehicle of the petitioner bearing registration No.KL.50-E-1634 forthwith without imposing any condition since the seizure is against the law declared by this Court in Unais Vs. District Collector [2023 (1) KLT 651] and confirmed by a Division Bench of this Court in the judgment in WA No.609/2023. 2. The seizure mahazar in this case which is produced as Ext.P1, does not reveal any offence that has been committed. All that is stated is that the vehicle was found in the property. There is no allegation of removal of earth from the property. The case of the petitioner is squarely covered by the dictum laid down by this Court in WP(C) NO. 13161 OF 2025 3 2025:KER:28778 Unais’s case (supra). 3. In the above circumstances, this writ petition is allowed. There will be a direction to the 2nd respondent to release the vehicle bearing registration No.KL-50-E-1634 to the petitioner forthwith. Sd/- T.R.RAVI sn JUDGE WP(C) NO. 13161 OF 2025 4 2025:KER:28778 APPENDIX OF WP(C) 13161/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 21.3.2025 PREPARED BY THE SECOND RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 29.3.2023 IN W.A.NO.609 OF 2023