Suresh Kumar P vs The Inspector Of Police
2021 Latest Caselaw 13002 Ker

WP(C) NO. 12103 OF 2021
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           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
                    WP(C) NO. 12103 OF 2021 (K)
PETITIONER/S:

          SURESH KUMAR P.,
          AGED 35 YEARS
          S/O.PERUMAL, 2-1, PUTHUR, KOOKKAL P.O., KODAIKANAL,
          DINDIGUL 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 MINING AND GEOLOGY, SULTANPET,
          PALAKKAD, PALAKKAD DISTRICT, PIN - 678 001.

          SHRI PAUL ABRAHAM VAKKANAL, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12103 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 2 nd

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 2 nd respondent, so

as to enable him to compound the offence.

2. In the above circumstance, the Writ Petition is WP(C) NO. 12103 OF 2021

disposed of directing the 1st respondent to forward the copy 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. 12103 OF 2021

APPENDIX OF WP(C) 12103/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF F.I.R. IN CRIME NO.522/2021 OF THE PALAKKAD TOWN SOUTH POLICE STATION DT. 8/5/2021.

Exhibit P TRUE COPY OF THE GOVERNMENT ORDER AS G.O.

(MS) NO.51/2017/ID DATED 21/6/2017.