1. Petitioner submits that his vehicle bearing Reg.No.KL-33-F- 1033 was seized by the respondent on the allegation that he has violated the provisions under the Kerala Minor Mineral Concession Rules, 1967, (hereinafter referred to as the 'Rules') despite the fact that he has necessary P-Form. Petitioner submits that he has not committed any such violation.
2. Having regard to the fact that the seizure of the vehicle is disputed by the petitioner, I am of the view that the respondent has to take further proceedings in terms of Rules 58 and 59 of the Rules and the vehicle can be produced before the Magistrate, having jurisdiction in the matter. In that event, petitioner can seek appropriate remedy before the Magistrate.
3. However, if the petitioner seeks release of the vehicle from the W.P.(C)No.14437 of 2014 -:2:-
respondent, he will have to deposit Rs.25,000/- before the respondent as security.
4. Under the aforesaid circumstances, this writ petition is disposed of as under:
The respondent shall release the vehicle on the petitioner depositing an amount of Rs.25,000/- as security. The respondent shall take further steps in terms of Rules 58 and 59 before the Magistrate, having jurisdiction, who shall consider and pass appropriate orders. The appropriation of the security amount will be subject to further orders to be passed by the learned Magistrate.
sl. A.M.Shaffique, Judge.