Sulfikar Ali vs Inspector Of Police
2022 Latest Caselaw 4872 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                      WP(C) NO. 14927 OF 2022
PETITIONER:

             SULFIKAR ALI T. U,
             AGED 42 YEARS,
             S/O. UMMER,
             THARUPEEDIKAYIL HOUSE,
             PALLINADA,
             THEKKUMKARA, KAROOPADANNA,
             THRISSUR, PIN - 680 670.

             BY ADVS.
             K.B. GANGESH
             SMITHA CHATHANARAMBATH


RESPONDENTS:

      1      INSPECTOR OF POLICE,
             IRINJALAKKUDA POLICE STATION,
             IRINJALAKKUDA,
             THRISSUR, PIN - 680 125.
      2      THE DISTRICT GEOLOGIST
             DEPARTMENT OF MINING AND GEOLOGY,
             DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND
             GEOLOGY,
             CHEMBUKKAVU,
             THRISSUR, PIN - 680 020.


             SMT. PRINCY XAVIER - SR. GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.04.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) NO.14927 OF 2022

                                2




                             JUDGMENT

The petitioner's vehicle bearing Registration No.KL-

14-F-3549 was seized by the 1st respondent on

21.04.2022 alleging mining and transporting of

ordinary earth without statutory permits and passes as

is seen from Ext.P2 mahazar.

2. The learned counsel for the petitioner submits

that his vehicle is not involved in any illegal activities

and that offences for violating the provisions of the

Minor Minerals (Development and Regulation) Act,

1957, is compoundable and accordingly prayed for

releasing the vehicle to him upon compounding the

offence.

3. I have heard the learned counsel for the

petitioner and the learned Senior Government Pleader. W.P.(C) NO.14927 OF 2022

4. Having regard to the facts and circumstances

of the case, there will be a direction to the 1 st

respondent to forward the files to the 2 nd respondent

who will consider the application for compounding of

the offence, if any, submitted by the petitioner for the

same. This shall be done within a period of two weeks

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

In case no orders are passed as aforesaid within

the time granted above, the vehicle will be released to

the petitioner on remitting an amount of Rs.25,000/-

(Rupees twenty five thousand only) before the 2 nd

respondent.

Accordingly, the above writ petition is disposed of.

Sd/-

MOHAMMED NIAS C.P JUDGE SPR W.P.(C) NO.14927 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE BEARING REGISTRATION NO. KL- 14-F-3549.

EXHIBIT P2 A TRUE COPY OF THE MAHAZAR PREPARED BY THE 1ST RESPONDENT DATED 21.04.2022 EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 21781/2020 DATED 14.10.2020.

RESPONDENTS EXHIBITS: NIL.