Akhilesh Murali vs The District Collector
2022 Latest Caselaw 4118 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                           WP(C) NO. 13187 OF 2022
PETITIONERS:

     1        AKHILESH MURALI
              AGED 30 YEARS
              S/O. MURALEEDHARAN NAIR, NEDIYATHU VEEDU,
              KARAKKADU P.O, MULAKUZHA VILLAGE, CHENGANNUR TALUK,
              ALAPPUZHA DISTRICT, PIN - 690504.

     2        RAMESH A,
              AGED 30 YEARS
              S/O. ACHUTAN, KRISHNAPURI VEETTIL, PALLIPPADU P.O,
              NEENDOOR, HARIPPAD, KARTHIKAPPALLY TALUK, ALAPPUZHA,
              ALAPPUZHA DISTRICT, PIN - 690512.

              BY ADVS.
              AJITH MURALI
              MOHANAN M.K.


RESPONDENTS:
     1     THE DISTRICT COLLECTOR
           ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688001.

     2        THE REVENUE DIVISIONAL OFFICER,
              CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN - 689121.

     3        THE VILLAGE OFFICER,
              CHENGANNUR VILLAGE, CHENGANNUR TALUK,
              ALAPPUZHA DISTRICT, PIN - 689126.

     4        THE SENIOR   GEOLOGIST,
              DEPARTMENT   OF MINING AND GEOLOGY, OFFICE OF THE
              DEPARTMENT   OF MINING AND GEOLOGY, MINI CIVIL STATION,
              1ST FLOOR,   CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688524.

              SMT.PRINCY XAVIER-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13187 OF 2022                       2




                                       JUDGMENT

This writ petition is filed seeking the following reliefs:-

I) issue a writ of mandamus, any other writ, order or direction, directing the 1st respondent to consider Ext-P5 and P6 applications and give an opportunity to the petitioners to compound the alleged offence under Section 23A of the Mines and Mineral (Regulation & Development) Act, 1957 and release their vehicles bearing registration No. KL06-D-7060 and No.KL- 30-1818 immediately.

ll) issue a writ of mandamus, any other writ, order or direction, directing the 4th respondent to consider Ext-P7 and P8 applications and give an opportunity to the petitioners to compound the alleged offence under Section 23A of the Mines and Mineral (Regulation & Development) Act, 1957 and release their vehicles bearing registration No. KL-06D-7060 and No.KL- 30-1818 immediately.

2. It is submitted by the learned counsel for the petitioners

that the petitioners' vehicle was seized by the 3 rd respondent on

30/3/3022 and Ext.P3 mahazar has been prepared. It is submitted

that Ext.P4 report has been issued by the 2 nd respondent to

support the case of the petitioner that the property is not paddy

land as at present. The petitioner has submitted Exts.P5 and P6

representations before the 1st respondent for compounding the

offences and for releasing the vehicle.

Having heard the learned Government Pleader, there will be

a direction to the 1st respondent to take up Exts.P5 and P6

representations filed by the petitioners and to consider and pass

orders on the same in accordance with law, within a period of

two weeks from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 13187/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE TIPPER LORRY OF THE 1ST PETITIONER.

Exhibit P2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE TIPPER LORRY OF THE 2ND PETITIONER.

Exhibit P3 A TRUE COPY OF THE MAHAZER PREPARED BY THE 3RD RESPONDENT, VILLAGE OFFICE, DATED 30.03.2022.

Exhibit P4 THE TRUE COP OF THE ORDER NO. B 6661/14 DATED 16.01.2015 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 02.04.2022.

Exhibit P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 02.04.2022.

Exhibit P7 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 02.04.2022.

Exhibit P8 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT DATED 02.04.2022.