Linesh.V vs Villege Officer
2021 Latest Caselaw 18930 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                    WP(C) NO. 17518 OF 2021
PETITIONER/S:

          LINESH.V,
          AGED 43 YEARS
          S/O. K. JANARDHANAN,
          VALLIATH HOUSE, KOZHUMMAL, PERALAM, P.O.
          KARIVELLUR, KANNUR-671 521.

          BY ADV K.I.SAGEER


RESPONDENT/S:

    1     VILLEGE OFFICER,
          CHEEMENI VILLAGE, VILLAGE OFFICE,
          CHEEMENI-671 313.

    2     TAHASILDHAR,
          HOISDURG TALUK, TALUK OFFICE,
          HOSDURG-671 315

    3     GEOLOGIST,
          DEPARTMENT OF MINING AND GEOLOGY,
          DISTRICT OFFICE,
          DEPARTMENT OF MINING AND GEOLOGY,
          E- BLOCK, 2ND FLOOR, CIVIL STATION,
          VIDYA NAGAR, KASARAGOD-671 123

    4     REVENUE DIVISIONAL OFFICER,
          KASARAGOD, 1ST FLOOR, PORT OFFICE BUILDING,
          NEAR RAILWAY STATION,
          KASARAGOD-671 121


          SMT. SURYA BINOY, B. -SR. GOVERNMENT PLEADER


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17518 OF 2021
                               2



                          JUDGMENT

This Writ Petition is filed seeking the following reliefs:-

"i) Issue a Writ of Mandamus, or any other appropriate writ, order or direction directing the respondents to release MGV-Tipper bearing Reg. No. KL-59 B 7763 to the petitioner without insisting for any security.

ii) Issue a Writ of Mandamus, or any other appropriate writ, order or direction directing the 4th respondent to conclude the proceedings if any pursuant to Ext.P3, within the time limit fixed by this Hon'ble Court.

iii) Issue such other appropriate writs, orders or directions as this Hon'ble court deems fit and proper in the facts and circumstances of the case."

WP(C) NO. 17518 OF 2021

2. Heard the learned counsel for the petitioner and

the learned Government Pleader. It is submitted by the

learned counsel for the petitioner that the petitioner's MGV-

Tipper lorry bearing Registration No. KL-59-B-7763 was

seized by the 1st respondent on 26.07.2021, alleging that it

was transporting ordinary earth illegally. It is submitted

that the petitioner had submitted Exhibit P2 application

before the 3rd respondent for compounding the offence and

release of the the vehicle. It is submitted that the said

application has not been considered in accordance with

law.

3. The learned Government Pleader submits that the

vehicle had been seized on 26.07.2021 and if an

application is duly submitted before the 3rd respondent, the

same is liable to be considered in accordance with law.

4. In the above view of the matter, I am of the

opinion that Exhibit P2 request made by the petitioner WP(C) NO. 17518 OF 2021

before the 3rd respondent is liable to be considered and

disposed of. There will, accordingly, be a direction to the

3rd respondent to take up Exhibit P2 application of the

petitioner, consider and pass orders on the same within a

period of two weeks from date of receipt of copy of the

judgment. The Petitioner shall produce a copy of the

judgment along with copy of the writ petition before the 3 rd

respondent for compliance.

This Writ Petition is disposed of accordingly.

Sd/-

ANU SIVARAMAN JUDGE

avs WP(C) NO. 17518 OF 2021

APPENDIX OF WP(C) 17518/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RC PARTICULARS OF VEHICLE MGV TIPPER BEARING REG. NO. KL 59 B 7763.

Exhibit P2 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.08.2021.

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 17.08.2021.