Muhammed Shafi S vs State Of Kerala
2021 Latest Caselaw 13413 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                       WP(C) NO. 12210 OF 2021
PETITIONERS:


     1     MUHAMMED SHAFI S
           AGED 36 YEARS
           S/O.SHAMSUDEEN KUNJU, CHEKKALAYIL KIZHAKKE PUTHEN VEEDU,
           VATTATHARA, MUKUNDAPURAM P.O., CHAVARA, KOLLAM DISTRICT,
           PIN-691585.

     2     ANTONY J.MALLIER
           S/O.JOSEPH MALLIER, POOMUKHATHU VEEDU, MEKKAD, CHAVARA
           P.O., KARUNAGAPALLY, KOLLAM DISTRICT, PIN-691583.

           BY ADVS.
           C.RAJENDRAN
           R.S.SREEVIDYA


RESPONDENTS:

     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY REVENUE DEPARTMENT,
           THIRUVANANTHAPURAM-695001.

     2     THE DISTRICT COLLECTOR,
           COLLECTORATE, KOLLAM-691013.

     3     THE STATION HOUSE OFFICER
           CHAVARA POLICE STATION, NATION HIGHWAY 66,
           SANKARAMANGALAM, CHAVARA, KOLLAM-691583

     4     THE VILLAGE OFFICER
           CHAVARA VILLAGE OFFICE, KOLLAM-691583.

     5     THE GEOLOGIST
           DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOLLAM-
           691001.

     6     JOYMON,
           AGED 38 YEARS
           S/O.ILLYAS, KANNIMEAYYATH KIZHAKKETHIL, PATTATHANAM,
           MUKUNDAPURAM P.O., CHAVARA, KOLLAM-691585.
 WP(C) NO. 12210 OF 2021             -2-


    * 7    TAHSILDAR,
           KARUNAGAPALLY.

           BY GOVT. PLEADER SRI.RAVIKRISHNAN

* [ADDL. 7TH RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDERS OF THIS
COURT ON 28.06.2021]


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
             ==================
                 W. P. (C) No.12210 of 2021
             ==================
             Dated this the 28th day of June, 2021

                            JUDGMENT

Vehicles belonging to petitioners 1 and 2,

bearing Registration Nos.KL-17-L-5802 and KL-23-C- 4784 respectively, were seized alleging user in

violation of the provisions of the Mines and

Minerals (Development and Regulation) Act.

According to the petitioners, there has been no

violation as alleged and that the vehicles, at the

time of seizure, were used to remove the debris of

a building belonging to the sixth respondent which

was demolished by him. The petitioners also express

their willingness to seek for compounding of the

offence alleged, in case it is found that the

offence has been committed.

2. Accordingly the writ petition is disposed of

directing the Tahsildar, Karunagappally-the

additional 7th respondent, to forward the records

relating to the seizure, including the Mahazar, to

the 5th respondent Geologist forthwith. On the W. P. (C) No.12210 of 2021

petitioner approaching the 5th respondent for

release of the vehicle, he may consider as to

whether the offence is attracted or not. If it is

found that commission of offence is made out, then

the petitioners may be permitted to have the

offence compounded. Orders shall be passed within a

period of three weeks from the date of request, as

above, by the petitioners.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 12210/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE RC BOOK OF JCB BEARING REGISTRATION NUMBER KL-17-L-5802.

Exhibit P2 TRUE COPY OF THE RC BOOK OF MGV-TIPPER BEARING REGISTRATION NUMBER KL-23-C-4784.

Exhibit P3 TRUE COPY THE PHOTOGRAPH OF THE VEHICLES BEING PARKED AT THE OFFICE PREMISES OF THE 4TH RESPONDENT.

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