Manesh K.Mathew vs The District Collector
2021 Latest Caselaw 5803 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                        WP(C).No.99 OF 2021(J)


PETITIONER:

      1        MANESH K.MATHEW
               AGED 34 YEARS
               S/O. ANDREWS K. MATHEW, KOLATHUPARAMBIL HOUSE,
               PARAMPUZHA P.O, MANARCADU, KOTTAYAM


               BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENTS:

      1        THE DISTRICT COLLECTOR
               COLLECTORATE, KOTTAYAM, PIN-686 002.

      2        THE DEPUTY TAHSILDAR,
               TALUK OFFICE, KOTTAYAM, KOTTAYAM DISTRICT, PIN-686
               503

      3        SENIOR GEOLOGIST,
               OFFICE OF THE MINING AND GEOLOGY DISTRICT OFFICE,
               KOTTAYAM , PIN-686 002

               BY GOVERNMENT PLEADER:SRI.RAVI KRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   2
WP(C).No.99 OF 2021(J)




                         JUDGMENT

A tipper lorry bearing Registration No.KL-33-B-9788

was seized by the 2nd respondent - Deputy Tahsildar for

illegal dumping of red earth by the side of Meenachal

river. The petitioner has approached 3 rd respondent -

Senior Geologist seeking release of the vehicle.

2. Though Ext.P2 mahazar mentions

contravention of the provisions of the Kerala Land

Conservancy Act and the Kerala Conservation of Paddy

Land and Wetland Act 2008, the learned Government

Pleader, on instructions, submits that, the relevant

statute, the provisions of which have been violated is the

Mines and Minerals (Regulation and Development) Act,

1957.

3. The petitioner has submitted Ext.P4

application before the Geologist seeking compounding of

the offence. The report is presently before the 1st

respondent - District Collector, as having been forwarded

by the 2nd respondent - Deputy Tahsildar.

WP(C).No.99 OF 2021(J)

Be that as it may, since the petitioner has already

approached the 3rd respondent - Geologist, the 1st

respondent shall have the report forwarded to the 3 rd

respondent - Geologist forthwith and the 3rd respondent

shall pass orders on the compounding application

(Ext.P4), as expeditiously as possible and at any rate,

within a period of two weeks from the date of receipt of a

copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.99 OF 2021(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE KL 33-B-9788.

EXHIBIT P2 A TRUE COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.11.2020.

EXHIBIT P4 A TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 1.2.2021