IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.44 OF 2021(E)
PETITIONER/S:
SHAMSUDHEEN, AGED 45 YEARS, S/O.MUHAMMED,
MANNARAKKAL, SOUTH ARAYANCODE, VELLALASSERY,
POOLACODE, KOZHIKODE-673 601.
BY ADV. SMT.P.ASHA
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
COLLECTORATE P.O., KOZHIKODE-673 020.
2 THE TAHASILDAR, PERUVAYAL, KOZHIKODE-673 008.
3 THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND
GEOLOGY, CIVIL STATION, KOZHIKODE-673 020.
4 THE VILLAGE OFFICER,
PERUVAYAL, KOZHIKODE-673 008.
BY SENIOR GOVERNMENT PLEDER, SRI.S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.44/2021 2
JUDGMENT
Dated this the 5th day of January 2021 The petitioner seeks release of the Goods Vehicle bearing registration No.KL-57/G-1039, which was seized for violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder.
2. The petitioner submits that he is prepared to compound the offence. He made a request by Ext.P4 before the first respondent.
3. Having considered the facts and circumstances of the case, this Court is of the view that the Geologist shall consider the request of the petitioner for the composition of the offence. If it is compoundable, he shall accept the request and compound the offence. This shall be done within a period of one week. Thereafter, the authorities shall release the vehicle on such composition.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.44/2021 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE R.C.BOOK OF THE VEHICLE WITH ITS NO.KL.57/G 1039.
EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZER ISSUED BY THE 4TH RESPONDENT DATED 24.9.2020. EXHIBIT P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.11.2020.
EXHIBIT P4 TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 23.12.2020.
EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 24.12.2020.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 26.11.2020 I WPC NO.26122/2020.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE