Shankar M vs The Inspector Of Police
2021 Latest Caselaw 12977 Ker

WP(C) NO. 12085 OF 2021
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           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
  WEDNESDAY, THE 16TH DAY OF JUNE 2021 / 26TH JYAISHTA, 1943
                      WP(C) NO. 12085 OF 2021
PETITIONER/S:

          SHANKAR M., AGED 43 YEARS, S/O.MUTHUSWAMY, 5/94A,
          GANDHI NAGAR, NALLIPALAYAM P.O., NAMAKKAL DISTRICT,
          TAMIL NADU.

          BY ADV BABU S. NAIR



RESPONDENT/S:

          1. THE INSPECTOR OF POLICE, PALAKKAD TOWN SOUTH
          POLICE STATION, PALAKKAD, PALAKKAD DISTRICT, PIN-
          678 013

          2. THE SENIOR GEOLOGIST, DEPARTMENT OF MININING AND
          GEOLOGY, SULTANPET, PALAKKAD, PALAKKAD DISTRICT,
          PIN-678 001



          ADV.PAUL ABRAHAM VAKKANAL, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12085 OF 2021
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                                    JUDGMENT

Heard. Vehicle belonging to the petitioner was seized by

the 1st respondent on the allegation that it was transporting

ordinary soil without a valid permit and alleging offence

under Section 21 and 4 of the Mines and Minerals(Development

and Regulations) Act, 1957. Ext.P1 is the FIR registered in

the Palakkad Town South Police Station. The grievance of the

petitioner is that vehicle is still in the custody of the

Police and that though a crime was registered it has not been

reported to the 2nd respondent. It is the case of the

petitioner that unless such a report is sent to the 2nd

respondent, the petitioner will not be able to compound the

offence by payment of fine/compounding fee as provided under

Rule 32 of the Kerala Minerals (Prevention of Illegal Mining,

Storage and Transportation) Rules 2015. The petitioner has

hence approached this Court seeking a direction to the 1 st

respondent to forward copy of Ext.P1 to the 2nd respondent, so

as to enable him to compound the offence.

2. In the above circumstance, the Writ Petition is

disposed of directing the 1st respondent to forward the copy WP(C) NO. 12085 OF 2021

of Ext.P1 to the 2nd respondent within 5 days from the date of

receipt of a certified copy of this judgment. Petitioner shall

make appropriate application before the 2nd respondent for

compounding offence and the 2nd respondent shall consider the

same and pass orders within five days of receipt of Ext.P1

from the 1st respondent.

The Writ Petition is disposed of accordingly.

Sd/-

T.R.RAVI JUDGE rkc WP(C) NO. 12085 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXT.P1: TRUE COPY OF THE FIR IN CRIME NO.916/2021 OF THE PALAKKD TOWN SOUTH POLICE STATION DT.2.6.2021

EXT.P2: TRUE COPY OF THE GOVT.ORDER AS G.O.(MS) NO.51/2017/ID DT.21.06.2017