ASHOK KUMAR M.R. Vs. TAHSILDAR
LAWS(KER)-2022-12-177
HIGH COURT OF KERALA
Decided on December 21,2022

Ashok Kumar M.R. Appellant
VERSUS
TAHSILDAR Respondents




JUDGEMENT

SHAJI P.CHALY,J. - (1.)The captioned appeals are filed by the petitioners in W.P.(C) Nos. 32272, 36137, 35788, 35613, 35601, 34381, 33874, 34680, 33865, 33861, 29973, 34133, 31585, 29847, 33673, 32240, 34952, 29827, 32252, 29586, 33515, 36995, 34485, 20520 and 17394 of 2022 challenging the common judgment of the learned single Judge dtd. 30/11/2022 dismissing the writ petitions.
(2.)The subject issue arises under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 ('Act, 1957' for short) vis-a-vis seizure of vehicles belonging to the appellants allegedly for violation of the provisions of the Act, 1957; the primary reliefs sought for in the writ petitions are: (i) to issue a writ of mandamus commanding the respondents to release the Excavator/JCB/other vehicles to the petitioners; and (ii) declare that the seizure of the vehicle under the provisions of the Act, 1957 by the Tahsildar/Deputy Tahsildar are per se illegal, in view of Sec. 21(4) of the Act, 1957, as he is not an officer specially empowered to seize the vehicle.
(3.)The pleadings, material and contentions raised in the writ appeals are substantially typical in nature and therefore, separate narration of facts are not required.


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