Binu.P vs The District Collector
2021 Latest Caselaw 12518 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 21ST DAY OF MAY 2021 / 31ST VAISAKHA, 1943

                       WP(C) NO. 11342 OF 2021

PETITIONERS:

       BINU.P, AGED 42 YEARS,
1.     S/O.PANKAJAKSHAN, SINDHUBHAVANAM, ANAYADI,
       SOORNADU NORTH, KOLLAM.

       SHAJI, AGED 45 YEARS,
2.     S/O.VISWABHARAN KOTTAKKAKATHUKIZHAKKATHIL,
       THODIYOOR NORTH P.O, THAZHAVA, KOLLAM.

       BY ADVS SRI.R.SUNIL KUMAR (K/712/1995)-23820
               SMT.A.SALINI LAL


RESPONDENTS:

      THE DISTRICT COLLECTOR,
1.
      COLLECTORATE, PATHANAMTHITTA-689 645.

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

      SUB INSPECTOR,
3.
      ADOOR POLICE STATION, ADOOR-691 526.

      BY ADV SMT.VINEETHA B., GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD             ON
21.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11342 OF 2021(P)

                                     2

                             JUDGMENT

The JCB and the lorry owned by the

petitioners are seized by the 3rd respondent

alleging violation of the provisions contained

in the Mines and Minerals (Development and

Regulation) Act, 1957 as well as the Kerala

Minor Mineral Concession Rules, 1967.

2. The learned counsel appearing for the

petitioners submitted that, even assuming that

any offense was committed, it is liable to be

compounded. The petitioners are unable to take

steps for the same, since the 3rd respondent is

not transmitting the files to the 1st or 2nd

respondent.

3. I heard the learned counsel for the

petitioner as well as the learned Government

Pleader.

4. As it is pointed out that the offense if

at all committed, is compoundable the same will WP(C).No.11342 OF 2021(P)

have to be considered by the respondents 1 or 2,

for which the 3rd respondent has to transmit the

files to the competent authority.

Therefore there shall be a direction to

the 3rd respondent to transmit the files relating

to Ext.P3 to the 2nd respondent for taking steps

for compounding of the offense in accordance

with law. The 3rd respondent shall transmit the

files within two days and the 2nd respondent

shall take appropriate further action within a

period of two weeks from the date of receipt of

a copy of the judgment.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA, JUDGE.

ww WP(C).No.11342 OF 2021(P)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 COPY OF THE REGISTRATION CERTIFICATE OF 1ST PETITIONER'S JCB BEARING NO:KL-61C 8111.

EXHIBIT P2 COPY OF THE REGISTRATION CERTIFICATE OF 2ND PETITIONER'S TIPPER BEARING NO:KL-23 T7241.

EXHIBIT P3 COPY OF THE REPORT FORWARDED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT DATED 18.05.2021.