Shamsudheen vs The District Collector
2021 Latest Caselaw 215 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                         WP(C).No.44 OF 2021(E)


PETITIONER/S:

                SHAMSUDHEEN, AGED 45 YEARS, S/O.MUHAMMED,
                MANNARAKKAL, SOUTH ARAYANCODE, VELLALASSERY,
                POOLACODE, KOZHIKODE-673 601.

                BY ADV. SMT.P.ASHA


RESPONDENT/S:

      1         THE DISTRICT COLLECTOR,
                COLLECTORATE P.O., KOZHIKODE-673 020.

      2         THE TAHASILDAR, PERUVAYAL, KOZHIKODE-673 008.

      3         THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND
                GEOLOGY, CIVIL STATION, KOZHIKODE-673 020.

      4         THE VILLAGE OFFICER,
                PERUVAYAL, KOZHIKODE-673 008.


                BY SENIOR GOVERNMENT PLEDER, SRI.S.GOPINATHAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.44/2021                       2




                                 JUDGMENT

Dated this the 5th day of January 2021

The petitioner seeks release of the Goods Vehicle

bearing registration No.KL-57/G-1039, which was seized for

violation of the provisions of the Mines and Minerals

(Development and Regulation) Act, 1957 and the Rules framed

thereunder.

2. The petitioner submits that he is prepared to

compound the offence. He made a request by Ext.P4 before

the first respondent.

3. Having considered the facts and circumstances of

the case, this Court is of the view that the Geologist

shall consider the request of the petitioner for the

composition of the offence. If it is compoundable, he shall

accept the request and compound the offence. This shall be

done within a period of one week. Thereafter, the

authorities shall release the vehicle on such composition.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE R.C.BOOK OF THE VEHICLE WITH ITS NO.KL.57/G 1039.

EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZER ISSUED BY THE 4TH RESPONDENT DATED 24.9.2020.

EXHIBIT P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.11.2020.

EXHIBIT P4 TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 23.12.2020.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 24.12.2020.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 26.11.2020 I WPC NO.26122/2020.

RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE