Sumith vs Station House Officer
2021 Latest Caselaw 7588 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

       THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA,
                           1942

                   WP(C).No.5229 OF 2021(C)

PETITIONER/S:
            SUMITH, S/O. SURESAN,
            THAIKKADAPPURAM,
            KANHANGAD, KASARAGODE DISTRICT.

              BY ADV. SRI.K.I.SAGEER

RESPONDENT/S:
   1        STATION HOUSE OFFICER,
            HOSDURG POLICE STATION,
            HOSDURG, KASARGOD DISTRICT- 671 315

   2          SUB COLLECTOR,
              KANHANGAD, KASARGOD DISTRICT -671 315

   3          DISTRICT COLLECTOR,
              KASARAGOD DISTRICT,
              COLLECTORATE, KASARAGOD-671 123.

   4          NOUSHAD,
              HAMEED, HARIFA QUARTERS,
              ITTAMMAL, HOSDURG - 671 315.

   *ADDL.R5
              THE DISTRICT GEOLOGIST,
              KASARGODE.

          ADDITIONAL FIFTH RESPONDENT IS IMPLEADED SUO
MOTU AS PER THE ORDER DATED 04.03.2021.

               BY SRI.RAVI KRISHNAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 04.03.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.5229 of 2021
                                                     2




                                      W.P.(C)No.5229 of 2021
                               -----------------------------------------------


                                            JUDGMENT

The petitioner owns a LMV Goods Carriage bearing

registration No.KL-07 W 5414, though the registration of the

vehicle is not in his name. The Goods Carriage referred to above

was seized by the first respondent during December, 2019

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 Goods Carriage 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 Goods

Carriage 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 Goods Carriage at

the earliest.

W.P.(C)No.5229 of 2021

4. The learned Government Pleader submits that the

file relating to the seizure has already been forwarded by the first

respondent to the second respondent.

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

respondent to forward the files relating to the seizure of Goods

Carriage to the additional fifth respondent forthwith, and directing

the additional fifth respondent to consider the application, if any,

submitted by the petitioner for compounding the offence. This

shall be done within one month from the date of receipt of a copy

of the judgment.

Sd/-

P.B.SURESH KUMAR, JUDGE

rkj W.P.(C)No.5229 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LETTER REF. NO.K1-

887/20 DATED 30.04.2020 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.