Petitioner's vehicle has been seized by the 2nd respondent on the alleged violation of the provisions of the Minor Mineral Concession Rules. The petitioner submits that his vehicle is not involved in any such activity. 2. That is a matter which will have to be adjudicated by the competent authority, who is the Magistrate having jurisdiction in that area, on a complaint filed by the 2nd respondent.
3. The petitioner further seeks for release of the vehicle in question.
4. Having regard to the nature of contentions urged, I am of the view that the vehicle of the petitioner can be given interim custody on the petitioner furnishing security for an amount of Rs. 25,000/- before the 2nd respondent and thereafter the matter can be considered in accordance with the procedure prescribed.
5. Hence, this writ petition is disposed of as under:
The petitioner shall deposit Rs. 25,000/- as security before the 2nd respondent and on depositing such amount, the 2nd respondent shall release the vehicle to the petitioner forthwith. The 2nd respondent shall thereafter file necessary complaint in terms with Rules 58 and 59 of the W.P(C) No. 14700 of 2014 -: 2 :-
Kerala Minor Mineral Concession Rules and take necessary proceedings in accordance with the procedure prescribed. The security amount shall be released subject to finality of the proceedings before the learned Magistrate.
A.M. Shaffique, Judge.
Tds/