Babu K vs The Tahsildar
2021 Latest Caselaw 12930 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
                       WP(C) NO. 12154 OF 2021


PETITIONERS:

           BABU K, S/O.DAVAKI AMMA
    1      AGED 40 YEARS, KANDIYIL HOUSE,
           KAYALAM P.O., MAVOOR, KOZHIKODE DISTRICT

           FAIZAL A, S/O.ABOOBACKER A.,
           AGED 32 YEARS, THANNIYANGATTU HOUSE,
    2
           PALLIKKAL P.O., PALLIKKAL BAZAAR,
           MALAPPURAM DISTRICT.

            BY ADV BABU S. NAIR



RESPONDENTS:

           THE TAHSILDAR, KONDOTTY TALUK,
    1
           MALAPPURAM DISTRICT, PIN 678 582

           THE VILLAGE OFFICER, VAZHAKKAD VILLAGE,
    2
           MALAPPURAM DISTRICT, PIN 673 640

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

    BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12154 OF 2021
                                     2



                              JUDGMENT

Heard.

2. Petitioners are registered owners of Mini

Lorries bearing registration Nos.KL-11AH/6855 and KL-

60D/2631 respectively. The vehicles were hired for

the purpose of transportation of laterite building

stones and were seized by the 2nd respondent on

07.06.2021 alleging that the transportation of the

laterite building stones was without mineral transit

passes. The writ petition has been filed praying for

a direction to the respondents 1 & 2 to report the

seizure of the vehicles to the 3rd respondent and for a

direction to the 3rd respondent to compound the offence

under Rule 32 of the Kerala Minerals (Prevention of

Illegal Mining, Storage and Transportation) Rules and

release the vehicles to the petitioners forthwith.

3. In the light of the limited prayer made in

the writ petition, the writ petition is disposed of WP(C) NO. 12154 OF 2021

directing the respondents 1 & 2 to report the seizure

of the vehicles bearing registration Nos.KL-11AH/6855

and KL-60D/2631 belonging to the petitioners to the 3 rd

respondent within one week from the date of receipt of

a copy of this judgment. The petitioners shall file a

compounding application before the 3rd respondent. The

3rd respondent shall consider and pass necessary orders

regarding compounding of the offence under Rule 32 of

the Kerala Minerals (Prevention of Illegal Mining,

Storage and Transportation)Rules within a week

thereafter.

The writ petition is disposed of as above.

Sd/-/-

T.R.RAVI JUDGE

Pn WP(C) NO. 12154 OF 2021

APPENDIX

PETITIONERS EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MAHAZER PREPARED BY THE 2ND RESPONDENT DATED, 7.6.2021 REGARDING SEIZURE OF THE FIRST PETITIONER'S VEHICLE

EXHIBIT P2 TRUE COPY OF THE MAHAZER PREPARED BY THE 2ND RESPONDENT, DATED 7.6.2021 REGARDING SEIZURE OF THE SECOND PETITIONER'S VEHICLE