Vijayan vs The Inspector Of Police
2022 Latest Caselaw 4620 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                          WP(C) NO. 13854 OF 2022
PETITIONERS:

    1       VIJAYAN, AGED 51 YEARS,
            S/O. JANARDHANAN, POOZHIKKAL ELEDATH, MANNAMBRA,
            THEYYALINGAL P.O, MALAPPURAM DISTRICT, PIN - 676320(OWNER
            OF TIPPER LORRY BEARING REGISTRATION NO. KL-40-C-7042)

    2       ANSAR.S,AGED 34 YEARS,
            S/O. SHAHUL HAMEED, BADUSHA MANZIL, MANAPPADAM, PUDUCODE,
            ALATHUR, PALAKKAD DISTRICT, PIN - 678687(OWNER OF JCB
            BEARING REGISTRATION NO. KL-49-K-1350)

            BY ADVS.
            P.M.ZIRAJ
            IRFAN ZIRAJ


RESPONDENTS:

    1       THE INSPECTOR OF POLICE,
            KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT, PIN -
            675661.

    2       THE DISTRICT GEOLOGIST,
            DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, MINI
            CIVIL STATION, MANJERI P.O, MALAPPURAM, PIN - 676121.

OTHER PRESENT:

            SR GP PREMCHAND R NAIR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.13854 of 2022

                                    2

                      VIJU ABRAHAM,J
                 ---------------------------------
                W.P.(C).No.13854 of 2022
               -------------------------------------
           Dated this the 22nd day of April, 2022

                            JUDGMENT

Petitioners have approached this Court seeking a

direction to issue a writ of mandamus or other appropriate

writ, order or direction to the first respondent to report the

seizure regarding the vehicles of petitioners bearing

registration No.KL-40-C-7042 and KL-49-K-1350 before the

second respondent so as to enable the petitioners to

compound the offence alleged against them within a

reasonable period to be fixed by this Court.

2. The learned Government Pleader on instruction submits

that the petitioners have not approached the 2nd respondent

with any request for compounding the offence and submits

that if the petitioners approached the 2nd respondent the

request made by the petitioners could be considered in

accordance with law. It is also submitted by the W.P.(C).No.13854 of 2022

learned Government Pleader that the issue of seizure has

already been reported to the 1st respondent to the 2nd

respondent.

3. Therefore, there will be a direction to the 2nd

respondent to consider and pass orders on the request of the

petitioners for compounding the offence, within a period of

one month from the date of receipt of a copy of this judgment.

sd/-

VIJU ABRAHAM, JUDGE

pm W.P.(C).No.13854 of 2022

APPENDIX OF WP(C) 13854/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 27.03.2022 PREPARED BY THE FIRST RESPONDENT.

Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 03.09.2021 IN WPC. NO. 17196 OF 2021.

Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 10.03.2022 IN WPC. NO. 7243 OF 2022.