Bennetson vs State Of Kerala
2021 Latest Caselaw 8563 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.6407 OF 2021(A)


PETITIONER:

               BENNETSON
               AGED 45 YEARS
               S/O.LAZAR, D/472, KANAKATHVILA VEEDU, NEDUNKUZHI,
               VILLAPILLSHALA P.O., THIRUVANANTHAPURAM - 695 573.

               BY ADV. SRI.S.NIKHIL SANKAR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      2        THE DISTRICT COLLECTOR
               COLLECTORATE, 2ND FLOOR CIVIL STATION BUILDING, CIVIL
               STATION ROAD, THIRUVANANTHAPOURAM - 695 043.

      3        THE REVENUE DIVISIONAL OFFICER
               1ST FLOOR, REVENUE TOWER, KUDAPANAKKUNNU,
               THIRUVANANTHAPURAM - 695 541.

      4        THE TAHASILDAR, THIRUVANANTHAPURAM TALUK OFFICE
               EAST FORT, PAZHAVANGADI, THIRUVANANTHAPURAM - 695
               023.

      5        THE VILLAGE OFFICER
               VILAPPILSHALA VILLAGE OFFICE, PEYAD P.O.,
               THIRUVANANTHAPURAM - 695 573.

      6        THE STATION HOUSE OFFICER
               KATTAKADA POLICE STATION, KATTAKADA P.O.,
               THIRUVANANTHAPURAM - 695 543 .

               BY GOVERNMENT PLEADER:SRI.PAUL ABRAHAM VAKKANAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    2
WP(C).No.6407 OF 2021(A)




                            JUDGMENT

The vehicle bearing No.KL-19-4977 (JCB) owned by the

petitioner was seized alleging commission of offence under

the Kerala Minor Mineral Concession Rules. The writ petition

has been filed seeking release of the vehicle.

2. The learned counsel for the petitioner submits that the

petitioner is willing to seek for compounding of the offence

before the 2nd respondent - District Collector and that

appropriate orders may be passed by the authority, without

delay.

Accordingly, the writ petition is disposed of permitting

the petitioner to move the 2 nd respondent seeking

compounding of the offence and the 2 nd respondent shall

consider and pass orders on such application within a period

of one week from the date of receipt of a copy of the

application.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.6407 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF 1ST PETITIONER'S VEHICLE BEARING NO.KL-19-4977.

EXHIBIT P2 TRUE COPY OF THE G.O.(MS) NO.85/2010/INDUSTRIES DATED 05/04/2010 ISSUED BY 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA IN C.M.P.2432/2020 DATED 20/01/2021.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 22/01/2021 BEFORE THE 2ND RESPONDENT.