Anas vs The District Collector
2021 Latest Caselaw 12230 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                        WP(C).No.9827 OF 2021(C)


PETITIONER:

               ANAS,
               AGED 49 YEARS,
               S/O.RAHIM KUNJU, KOCHUVILAPARAMBIL, VENGARA,
               THODIYOOR NORTH, KARUNAGAPPALLY.

               BY ADVS.
               SRI.R.SUNIL KUMAR
               SMT.A.SALINI LAL

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               COLLECTORATE, PATHANAMTHITTA 689 645

      2        THE DISTRICT GEOLOGIST,
               DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
               ARANMULA, PATHANAMTHITTA 689 533

      3        SUB INSPECTOR,
               ADOOR POLICE STATION, ADOOR 691 526


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9827 OF 2021(C)                2




                      P.V.KUNHIKRISHNAN, J
                     ----------------------------------
                     W.P.(C.) No. 9827 of 2021
                   ---------------------------------------
                Dated this the 23rd day of April, 2021

                                 JUDGMENT

The above writ petition is filed mainly for issuing

appropriate direction to first and third respondents to

transfer the file relates to Ext.P2 to the second

respondent, who is the competent authority to compound

the offence in Ext.P2.

2. Petitioner is the owner of the lorry bearing

registration No.KL-23 D 9241. The vehicle of the

petitioner was seized by the third respondent alleging that

the vehicle was used for illegal transportation of ordinary

earth. Third respondent, after seizing the vehicle sent

Ext.P2 report to the first respondent. The grievance of

the petitioner is that he want to compound the offence

and the second respondent is the competent authority to

do the same. But the second respondent is not

entertaining the compounding petition because the matter

is not reported by the third respondent to the second

respondent and the first respondent is not forwarding the

file to the 2nd respondent.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. After hearing both sides, I think this writ petition

can be disposed of, directing first and third respondents

to transfer the file relates to Ext.P2 to the second

respondent and there can be a direction to the second

respondent to consider the compounding application, if

any, submitted by the petitioner.

Therefore, this writ petition is disposed in the

following manner.

1. The first and third respondents are directed to transfer the file related to Ext.P2 to the second respondent as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment.

2. The second respondent is directed to consider the compounding application, if any, submitted by the petitioner within one week from the date of receipt of such application in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

pm

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE REGISTRATION CERTIFICATE

EXHIBIT P2 COPY OF THE REPORT FORWARDED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT DATED 9.4.2021.