Rajan. O. vs The Geologist
2021 Latest Caselaw 2691 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                        WP(C).No.1741 OF 2021(P)


PETITIONER/S:

      1         RAJAN. O.,AGED 45 YEARS
                S/O. NAGAN, ODERAN HOUSE, ARIMBRA P.O, N.H COLONY,
                NEDIYIRUPPU MALAPPURAM DISTRICT.

      2         JUBAIR T,AGED 30 YEARS
                S/O. MOTHI T, THOTTASSERY HOUSE CHIRAYIL P.O,
                KONDOTTY TALUK, MALAPPURAM DISTRICT

                BY ADVS.
                SHRI.P.VENUGOPAL
                SMT.T.J.MARIA GORETTI
                SMT.FERHA AZEEZ

RESPONDENT/S:

      1         THE GEOLOGIST
                DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
                MINI CIVIL STATION, MANJERI P.O, MALAPPURAM DISTRICT
                PIN 676 121

      2         STATION HOUSE OFFICER,
                VENGARA POLICE STATION, VENGARA, MALAPPURAM DISTRICT
                PIN 676 304


OTHER PRESENT:

                GP:SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1741 OF 2021(P)                  2




                                    JUDGMENT

The petitioners have approached this Court aggrieved by the seizure of the

vehicle owned by the first petitioner, under the Mines and Minerals (Development

and Regulation) Act, 1957. It is submitted that the 2 nd petitioner has preferred

Ext.P4 application before the 1 st respondent seeking permission to compound the

offence. The limited prayer of the petitioner is for a direction to the 1 st respondent

to consider and pass orders on Ext.P4 application expeditiously, after hearing the

petitioners.

2. Heard the learned counsel for the petitioners and also the learned

Government Pleader for the respondents.

On a consideration of the facts and circumstances of the case and the

submissions made across the Bar, I dispose the writ petition with a direction to the

1st respondent to consider and pass orders on Ext.P4 application for compounding

the offence, within a period of three weeks from the date of receipt of a copy of

this judgment, after hearing the petitioners. The petitioners shall produce a copy

of the writ petition together with a copy of this judgment before the 1 st respondent

for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REGISTRATION NO. KL-40-A

EXHIBIT P2 TRUE COPY OF THE MAHAZAR DATED 13-01-2021 PREPARED BY THE SECOND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 14-01-2021 ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR COMPOUNDING FILED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT