Udayan.K vs The District Geologist
2021 Latest Caselaw 10301 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.8029 OF 2021(C)


PETITIONER:

               UDAYAN.K
               AGED 48 YEARS
               S/O. KOCHU NANU, KOCHALATHU, KULASEKHARAPURAM,
               KARUNAGAPPALLY, KOLLAM

               BY ADV. SRI.R.SUNIL KUMAR

RESPONDENTS:

      1        THE DISTRICT GEOLOGIST
               DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION,
               ARANMULA, PATHANAMTHITTA 689 533

      2        SUB INSPECTOR,
               ENATHU POLICE STATION, ENATHU, ADOOR 691 526

               BY ADV.SRI.RAVIKRISHNAN, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8029 OF 2021(C)

                                       2




                           W.P.(C) No.8029 of 2021
                    ----------------------------------------


                               JUDGMENT

The petitioner owns a lorry bearing registration No.KL-23 B

66. The said lorry was seized by the second respondent on 23.03.2021

alleging commission of offence punishable under the Mines and

Minerals (Development and Regulation) Act, 1957. The case of the

petitioner is that seizure of the lorry is illegal and the petitioner,

therefore, seeks appropriate directions for release of the same.

2. Heard the learned counsel for the petitioner as also

the learned Government Pleader.

3. When the matter was taken up, the learned counsel

for the petitioner submitted that though the seizure of the lorry is

illegal, as it is required for the day-to-day activities of the petitioner,

the petitioner is prepared to compound the offence alleged against

him, and prayed for appropriate orders to compound the offence and

to get release of the lorry at the earliest.

Having regard to the facts and circumstances of the case

and the orders passed by this court in similar and identical writ

petitions, the writ petition is disposed of directing the second WP(C).No.8029 OF 2021(C)

respondent to forward the files relating to the seizure of lorry to the

first respondent forthwith, and directing the first respondent to

consider the applications, if any, submitted by the petitioner for

compounding the offence. This shall be done within one week.

Sd/-

                                          P.B.SURESH KUMAR

Mn                                              JUDGE
 WP(C).No.8029 OF 2021(C)





                               APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                 COPY OF THE REGISTRATION CERTIFICATE OF THE
                           VEHICLE DTD 26-02-2009

EXHIBIT P2                 COPY OF THE SEIZURE MAHAZAR DTD 23-03-2021

EXHIBIT P3                 COPY OF THE FIRST INFORMATION REPORT IN

CRIME NO. 439/2021 OF ADOOR POLICE STATION.

//TRUE COPY// PA TO JUDGE