IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14927 OF 2022
PETITIONER:
SULFIKAR ALI T. U,
AGED 42 YEARS,
S/O. UMMER,
THARUPEEDIKAYIL HOUSE,
PALLINADA,
THEKKUMKARA, KAROOPADANNA,
THRISSUR, PIN - 680 670.
BY ADVS.
K.B. GANGESH
SMITHA CHATHANARAMBATH
RESPONDENTS:
1 INSPECTOR OF POLICE,
IRINJALAKKUDA POLICE STATION,
IRINJALAKKUDA,
THRISSUR, PIN - 680 125.
2 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND
GEOLOGY,
CHEMBUKKAVU,
THRISSUR, PIN - 680 020.
SMT. PRINCY XAVIER - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) NO.14927 OF 2022
2
JUDGMENT
The petitioner's vehicle bearing Registration No.KL- 14-F-3549 was seized by the 1st respondent on 21.04.2022 alleging mining and transporting of ordinary earth without statutory permits and passes as is seen from Ext.P2 mahazar.
2. The learned counsel for the petitioner submits that his vehicle is not involved in any illegal activities and that offences for violating the provisions of the Minor Minerals (Development and Regulation) Act, 1957, is compoundable and accordingly prayed for releasing the vehicle to him upon compounding the offence.
3. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader. W.P.(C) NO.14927 OF 2022 3
4. Having regard to the facts and circumstances of the case, there will be a direction to the 1 st respondent to forward the files to the 2 nd respondent who will consider the application for compounding of the offence, if any, submitted by the petitioner for the same. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment.
In case no orders are passed as aforesaid within the time granted above, the vehicle will be released to the petitioner on remitting an amount of Rs.25,000/- (Rupees twenty five thousand only) before the 2 nd respondent.
Accordingly, the above writ petition is disposed of.
Sd/-
MOHAMMED NIAS C.P JUDGE SPR W.P.(C) NO.14927 OF 2022 4 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE BEARING REGISTRATION NO. KL- 14-F-3549.
EXHIBIT P2 A TRUE COPY OF THE MAHAZAR PREPARED BY THE 1ST RESPONDENT DATED 21.04.2022 EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 21781/2020 DATED 14.10.2020.
RESPONDENTS EXHIBITS: NIL.