Petitioner's vehicle has been seized alleging transportation of ordinary earth without permit. Petitioner relies on Ext.P2. Petitioner submits that vehicle has necessary pass and dealer omitted to enter the timing in the pass and on account of this, petitioner cannot be found fault with.
2. I am of the view, if any omission has been occurred in the matter on the part of dealer, an enquiry can be conducted against the dealer for violation of the provisions of the Kerala Minor Mineral Concession Rules, 1967. Therefore, respondent shall report the matter to the Geologist. Geologist shall take necessary action if warranted against the dealer for issuing Ext.P2 without timing. Considering the fact that non mention of time is not attributable to the petitioner, the vehicle shall be released to the petitioner on executing a simple bond with two sureties. However, this will not stand in the way of Geologist taking action against the dealer if so warranted. If there is any violation on the part of dealer or the petitioner, it is open to the authorities to take appropriate action in accordance with law.
The writ petition is disposed of as above. No costs.
Sd/-
Sbna/17/12/14 A.MUHAMED MUSTAQUE, JUDGE.