Aneesh Babu vs District Geologist

N. Nagaresh, J

The petitioner's vehicle has been seized by the 2nd respondent on 19.05.2023, alleging that the petitioner transported granite aggregates in his vehicle without transit pass issued under the provisions of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015.

The petitioner states that his driver held soft copy of the pass and the vehicle has been seized for the sole reason that hard copy of the pass has not been produced. The petitioner submits that the vehicle carried the pass required for transportation. The petitioner has produced a copy thereof as Ext.P2.

I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

Government Pleader entered appearance and denied all the material allegations made by the petitioner in the writ petition. It is pointed out that the driver of the vehicle had informed at the time of seizure of the vehicle that the load is not accompanied by valid passes. Therefore, the stand now taken by the petitioner cannot be entertained.

The fact remains that the petitioner has produced Ext.P2 which is said to be a hard copy of Electronic Mineral Transit Pass. If actually the petitioner was issued with a Electronic Mineral Transit Pass for transportation of Minor Mineral, then this is a fact which would be germane for consideration of the prosecution of the case. Be that as it may, the petitioner has preferred Ext.P3 representation before the District Geologist pointing out these facts.

As the petitioner has submitted Ext.P3 representation before the District Geologist, it will be only just and proper that the District Geologist consider the same in accordance with law, taking into consideration Ext.P2 copy of Electronic Mineral Transit Pass produced by the petitioner.

In the facts and circumstances of the case, the writ petition is disposed of directing the 3rd respondent-Tahsildar to handover custody of the vehicle to the 1st respondent-District Geologist. The District Geologist shall receive and consider Ext.P3 representation submitted by the petitioner and take appropriate decision thereon as expeditiously as possible and at any rate within a period of two weeks.