Jomon vs The Sub Inspector Of Police
2021 Latest Caselaw 11003 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8794 OF 2021(Y)


PETITIONER:

               JOMON
               AGED 36 YEARS
               S/O.APPU, MADATHUPARAMBIL HOUSE, ATTAPALAM, KUMALY,
               IDUKKI DISTRICT (OWNER OF EXCAVATOR BEARING
               REGISTRATION NO.KL-37-E-4971).

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE SUB INSPECTOR OF POLICE
               KUMILY POLICE STATION, IDUKKI DISTRICT,
               PIN- 685 509.

      2        THE DISTRICT GEOLOGIST
               DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
               IDUKKI DISTRICT - 685 584.

      3        THE DISTRICT COLLECTOR
               CIVIL STATION, COLLECTORATE,
               IDUKKI DISTRICT - 685 603.

      4        THE VILLAGE OFFICER
               KUMILY VILLAGE, IDUKKI DISTRICT, PIN - 535 204.


               BY GOVT. PLEADER SRI.RAVIKRISHNAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                 W. P. (C) No.8794 of 2021
            ==================
             Dated this the 7th day of April, 2021

                           JUDGMENT

The vehicle of the petitioner bearing

registration No.KL-37E-4971 was seized by the first

respondent alleging violation of the provisions of

the Kerala Minor Minerals Concession Rules. The

petitioner had earlier approached this Court in

W.P.(C) No.5475/2021 denying commission of the

alleged offence and praying for consideration of

his objections by the District Geologist. That writ

petition was disposed of directing the second

respondent to consider the contentions of the

petitioner.

2. Now the petitioner has approached this Court

expressing his willingness to have the offence

compounded. The petitioner apprehends that in view

of the earlier judgment passed by this Court,

request for compounding of the offence will not be

considered by the second respondent. The

apprehension is misconceived. W. P. (C) No.8794 of 2021

The writ petition is disposed of directing the

second respondent to consider the petitioner's

application if any moved seeking compounding of the

offence, dehors Ext.P3 judgment in W.P.(C)

No.5475/2021.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.8794 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF PETITIONER.

EXHIBIT P2 TRUE COPY OF THE MAHASSAR DATED 18/2/2021 PREPARED BY THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 19/3/2021 IN WPC NO.5475/2021.

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