Subash.K vs Station House Officer ...
2021 Latest Caselaw 12236 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.9767 OF 2021(U)


PETITIONER:

               SUBASH.K
               AGED 42 YEARS
               S/O. KUNCHU, KINATTINKAL HOUSE, PADINJAMURY DESOM,
               KUMARAMPUTHUR, P O PALLAVOOR, PALAKKAD, PIN CODE-678
               688. (REGD. OWNER OF EICHER TIPPER REG.NO.KL-09-AA-
               4163.)

               BY ADV. SRI.SHOBY K.FRANCIS

RESPONDENTS:

      1        STATION HOUSE OFFICER (SHO)/INSPECTOR OF POLICE
               PUDUNAGARAM POLICE STATION, PUDUNAGARAM P.O.,
               PALAKKAD DISTRICT, PIN CODE-678 503.

      2        SENIOR GEOLOGIST
               OFFICE OF THE GEOLOGIST,
               DEPARTMENT OF MINING AND GEOLOGY,
               TOWN BUS STAND COMPLEX, TB ROAD,
               PALAKKAD, PIN CODE-678 014.

      3        REVENUE DIVISIONAL OFFICER
               OFFICE OF THE RDO, NEAR VICTORIA COLLEGE,
               PALAKKAD-678 014.

      4        DISTRICT COLLECTOR
               COLLECTORATE, PALAKKAD, 678 001.

               BY ADV. SMT. DEEPA NARAYAN, GOVERNMENT PLEADER

     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.9767 OF 2021(U)

                                2



           P.V.KUNHIKRISHNAN (J)
   ------------------------------------
             WP(C) No.9767/2021
  --------------------------------------
       Dated this the 23rd day of April 2021

                  J U D G M E N T

Petitioner is the registered owner of a

vehicle bearing Registration No.KL-09/AA

4163, which was seized by the 1st respondent

alleging that he used the vehicle for

illegal transportation of ordinary earth.

Ext.P2 is the seizure mahazar. Thereafter,

the petitioner approached the 3rd respondent

to get release of the vehicle after

compounding the offence. But, the petitioner

submitted that the 3rd respondent informed

him that he is not competent to compound the

same and the 2nd respondent-Geologist is the

person competent to do the same. Then the

petitioner approached the 2nd respondent for WP(C).No.9767 OF 2021(U)

release of the vehicle. But the 2nd

respondent informed the petitioner that he

can compound the same only if the seizure

mahazar and its report are forwarded to him

by the 1st respondent. Hence the application

for compounding the offence is not accepted

by the office of the 2nd respondent. Hence

this writ petition is filed.

2. Heard counsel for the petitioner and

the learned Government Pleader.

3. The grievance of the petitioner is

that the 1st respondent has not reported the

seizure of his vehicle referred in Ext.P2

mahazar to the 2nd respondent and hence, he

is not in a position to submit an

application before the 2nd respondent for

compounding the offence and to get back his

vehicle. I think there can be a direction to WP(C).No.9767 OF 2021(U)

the 1st respondent to report seizure of the

vehicle to the 2nd respondent and there can

be a further direction to the 2nd respondent

to consider the application, if any, filed

by the petitioner for compounding.

Therefore, this Writ Petition is

disposed of in the following manner:

i) The 1st respondent is directed to

report seizure of the vehicle referred to in

Ext.P2 mahazar before the 2nd respondent

within a period of one week from the date of

receipt of a copy of this judgment.

ii) The 3rd respondent is directed to

forward the file connected to this case to

the 2nd respondent within a period of one

week from the date of receipt of a copy of

this judgment.

iii)If an application is filed by the WP(C).No.9767 OF 2021(U)

petitioner to compound the offence before

the 2nd respondent, the said Authority will

consider the same in accordance to law, as

expeditiously as possible, at any rate,

within a period of one week from the date of

receipt of the report and file from the 1 st

and 3rd respondent as directed above.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SPV WP(C).No.9767 OF 2021(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-09-AA-4163 DATED 8.4.2011.

EXHIBIT P2 TRUE COPY OF SEIZURE MAHAZAR DATED 31.3.2021 ISSUED TO THE PETITIONER BY THE IST RESPONDENT.

RESPONDENTS' EXHIBITS:     NIL




                                     //TRUE COPY//

                                       PA TO JUDGE