Muhammed Musthafa V.T vs Station House Officer ...
2021 Latest Caselaw 13094 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                          WP(C) NO. 12370 OF 2021
PETITIONER:

              MUHAMMED MUSTHAFA V.T.,
              AGED 36 YEARS
              S/O KUNJIRAYIN, VALLAKKATTUTHODI HOUSE, KALLARMANGALAM,
              MARAKKARA PO, MALAPPURAM DT. PIN 676553 [OWNER OF JCB REG.
              NO.KL-60 A-7009]

              BY ADV SRI.SHOBY K.FRANCIS



RESPONDENTS:

     1        STATION HOUSE OFFICER [SHO]/INSPECTOR OF POLICE, KADAMPUZHA
              POLICE STATION, THUVAPPARA, KADAMPUZHA PO, MALAPPURAM DT.
              676553.


     2        THE GEOLOGIST, DISTRICT OFFICE OF THE GEOLOGIST, DEPT. OF
              MINING AND GEOLOGY, MANJERI PO, MANJERI, MALAPPURAM DT.
              PIN-676121.

     3        REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, TIRUR, TIRUR
              PO, MALAPPURAM DT. 676101.

              BY GOVT. PLEADER SRI.RAVIKRISHNAN


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                W. P. (C) No.12370 of 2021
            ==================
            Dated this the 23rd day of June, 2021

                            JUDGMENT

The petitioner's vehicle-JCB, bearing

registration No.KL-60A-7009, was seized alleging user in violation of the provisions of the Kerala

Minor Mineral Concession Rules 2015 and the Kerala

Minerals (Prevention of illegal mining and storage

and transportation) Rules 2015. The petitioner is

willing to have the offence compounded. However,

according to the petitioner, since the seizure has

not been reported to the Geologist-second

respondent, the petitioner is unable to seek for

compounding.

2. The writ petition is disposed of directing

the first respondent to forward the Mahazar and

other documents relating to the seizure, to the

second respondent-Geologist forthwith. The

petitioner is at liberty to move the second

respondent seeking compounding of the offence

alleged. In the event of the second respondent W. P. (C) No.12370 of 2021

being so moved by the petitioner, the application

shall be considered and orders passed as

expeditiously as possible.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 12370 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 TRUE COPY OF REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-60 A-7009 DT. 22.09.2009.

EXT.P2 TRUE COPY OF SEIZURE MAHAZAR DATED 09.06.21 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

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