Umesh N vs The Village Officer
2021 Latest Caselaw 6722 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA,
                           1942

                   WP(C).No.4994 OF 2021(Y)


PETITIONER:

              UMESH N.,
              AGED 35 YEARS, S/O RAMADAS M.V.,
              NIKKUNNON HOUSE, MUTHIYALAM, KOROM P.O.,
              PAYYANNUR, KANNUR-670 307.

              BY ADV. SHRI.PONNAN ALEX G.R.

RESPONDENTS:

     1        THE VILLAGE OFFICER,
              MADIKAI VILLAGE, CHALAKADAVU, MADIKAI P.O.,
              NEELESWARAM(VIA), HOSDURG TALUK,
              KASARGOD DISTRICT-671 314.

     2        DISTRICT GEOLOGIST,
              DISTRICT OFFICE OF MINING AND GEOLOGY,
              E BLOCK, 2ND FLOOR, CIVIL STATION,
              VIDYA NAGAR, KASARGOD DISTRICT-671 121.

              SRI.RAVI KRISHNAN GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 25.02.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.4994 of 2021
                                  2



                   W.P.(C) No.4994 of 2021
            -----------------------------------------------


                         JUDGMENT

Petitioner owns a tipper lorry bearing registration

No.KL-58C-6128. The said tipper lorry was seized by the first

respondent alleging commission of offence punishable under

the Mines and Minerals (Development and Regulation) Act,

1957. The case of the petitioner is that seizure of the tipper

lorry is illegal, and the petitioner seeks appropriate directions

for release of the same.

2. Heard the learned counsel for the petitioner as

also the learned Government Pleader.

3. When the matter was taken up, the learned

counsel for the petitioner submitted that though the seizure of

the tipper lorry is illegal, as the said tipper lorry is the sole

means of livelihood of the petitioner, the petitioner is prepared

to compound the offence alleged against him, and prayed for

appropriate orders to compound the offence and to get W.P.(C) No.4994 of 2021

release of the tipper lorry at the earliest.

Having regard to the facts and circumstances of the

case and the orders passed by this court in similar and

identical writ petitions, the writ petition is disposed of

directing the first respondent to forward the files relating to

the seizure of the tipper lorry of the petitioner to the second

respondent forthwith, if not already forwarded, and directing

the second respondent to consider the application, if any,

submitted by the petitioner for compounding the offence. This

shall be done within one week from the date of receipt of a

copy of the judgment.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV W.P.(C) No.4994 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE MAHAZAR DATED 20.3.2020 PREPARED BY THE VILLAGE OFFICER

EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE REPORT OF THE VILLAGE OFFICE ON 20.3.2020

EXHIBIT P3 A TRUE COPY COMPOUND APPLICATION RESPECT OF VEHICLE BEARING REGISTRATION NO KL58C-6128 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5.2.2021

RESPONDENT'S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE