Suseela M vs Station House Officer (Sho)/
2021 Latest Caselaw 12231 Ker

Citation : 2021 Latest Caselaw 12231 Ker
Judgement Date : 23 April, 2021

Kerala High Court

Suseela M vs Station House Officer (Sho)/ on 23 April, 2021

         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.9902 OF 2021(K)


PETITIONERS:

     1      SUSEELA M.,
            AGED 58 YEARS,
            W/O. BALAN.K., KAMPOORAPARAMBU HOUSE,
            KODATHUR, KALLEPADAM P.O., PAZHAYANNUR,
            THRISSUR DT-680 587 (REGD .OWNER OF JCB REG
            NO.KL-63-A-8232)

     2      BINEESH.B.,
            AGED 35 YEARS,
            S/O. BALAN.K., KAMPOORAPARAMBU HOUSE,
            KODATHUR, KALLEPADAM P.O., PAZHAYANNUR,
            THRISSUR DT-680 587 (REGD.OWNER OF MOTOR
            BIKE REG.NO. KL-48-L-6546)

            BY ADV. SRI.SHOBY K.FRANCIS

RESPONDENTS:

     1      STATION HOUSE OFFICER (SHO)/
            INSPECTOR OF POLICE, PAZHAYANNUR POLICE
            STATION, PAZHAYANNUR P.O., THRISSUR
            DISTRICT,PINCODE-680 587

     2      THE GEOLOGIST,
            DISTRICT OFFICE OF THE GEOLOGIST, DEPT.OF
            MINING AND GEOLOGY, CHEMBOOKAVU, THRISSUR-
            680 020

     3      DISTRICT COLLECTOR,
            COLLECTORATE, AYYANTHOLE, THRISSUR,-680 003


     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.9902 OF 2021(K)         2




                      P.V.KUNHIKRISHNAN, J
                     ----------------------------------
                     W.P.(C.) No. 9902 of 2021
                   ---------------------------------------
                Dated this the 23rd day of April, 2021

                            JUDGMENT

This writ petition is filed by the petitioners for issuing

appropriate directions to the respondents to release vehicle

bearing Regn. No.KL-63A/8232 & KL-48L/6546 to them.

2. The 1st petitioner is the registered owner of a 2012

model JCB bearing registration No.63A/8232. The 2 nd

petitioner is the registered owner of a 2017 model motor bike

bearing registration No. KL-63A/8232. On 07.04.2021, the 1 st

respondent seized the above JCB and motor bike alleging that

the same is used for illegal excavation of ordinary earth in

violation of the provisions contained in the Kerala Minerals

(Prevention of Illegal Mining, Storage and Transportation)

Rules, 2015. Ext.P3 is the seizure report submitted by the 1 st

respondent to the 3rd respondent. The petitioners want to

compound the offence and the competent authority to

compound the offence, as per the Rules, is the 2 nd

respondent. The grievances of the petitioner is that the 1 st

respondent has not reported the seizure of the vehicle to the

2nd respondent and the 3rd respondent has not forwarded the

file to the 2nd respondent. Therefore, it is submitted by the

learned counsel appearing for the petitioners that the

petitioners were not able to approach the 2 nd respondent for

compounding the offence.

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

can be disposed directing the 1st respondent to report the

seizure of the vehicle to the 2nd respondent. There can be a

further direction to the 3rd respondent to forward the file to

the 2nd respondent and thereafter if any application is filed by

the petitioners for compounding the offence, the 2 nd

respondent can be directed to consider the same in

accordance to law.

4. Therefore this writ petition is disposed in the

following manner:-

(i) The 1st respondent is directed to report the seizure of vehicle referred to in Ext.P3 to the 2 nd respondent, within one week from the date of receipt of a copy of this judgment.

(ii) The 3rd respondent is directed to forward the file relating to Ext.P3 to the 2nd respondent, within one week from the date of receipt of a copy of this judgment.

(iii) If an application is filed by the petitioners for compounding the offence within 2 weeks from today, the 2nd respondent will consider the same and pass appropriate orders in accordance to law, if he is competent to do so, within a period of one week from the date of receipt of such application.