Sarathchandran vs District Geologist
2022 Latest Caselaw 11810 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                       WP(C) NO. 41745 OF 2022
PETITIONERS:

    1     SARATHCHANDRAN
          16/216, CHENNASSERY
          VAZHOTTUKONAM, VATTIYOORKAVU PO
          VATTIYOORKAVU VILLAGE, THIRUVANANTHAPURAM-695013
    2     SARAN S KUMAR
          S/O SREEKUMAR V
          MELE VEEDU, PANANKARA, KODUNGANOOR PO
          VATTIYOORKAVU, THIRUVANANTHAPURAM-695013
    3     DILEEPKUMAR, S/O SURENDRAN
          PANAYIL PUTHAN VEEDU, CHEMPUVILA
          KODUNGANOOR PO, VATTIYOORKAVU
          THIRUVANANTHAPURAM-695013

          BY ADV RAVI KRISHNAN



RESPONDENTS:

    1     DISTRICT GEOLOGIST, THIRUVANANTHAPURAM
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY
          KESAVADASAPURAM, PATTOM PALACE, PATTOM PALACE PO
          THIRUVANANTHAPURAM
    2     DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD
          NEDUMANGAD TOWN ROAD
          PAZHAVADI, NEDUMANGAD, THIRUVANANTHAPURAM-695541
    3     STATION HOUSE OFFICER, ARUVIKKARA,
          ARUVIKKARA POLICE STATION, ARUVIKKARA PO
          THIRUVANANTHAPURAM-695543

          SMT.VIDYA KURIAKOSE GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.41745 of 2022

                             2


                            JUDGMENT

Dated this the 21st day of December, 2022

The 1st petitioner is owner of a vehicle-Swaraj Mazda

Goods Carrier bearing registration No.KL-24E-3529, the

2nd petitioner is owner of Swaraj Mazda Goods Carrier bearing

registration No.KL-01AN-4958 and the 3rd petitioner is owner

of a JCB bearing registration No.KL-21A-7994. The vehicles

of the petitioners have been seized by the 3 rd respondent-

Station House Officer on 27.09.2022 alleging that the vehicles

were used for illegal excavation of read earth. The 2 nd

respondent-Deputy Superintendent of Police is the statutory

authority for compounding the offence.

2. The petitioners state that the petitioners have

preferred Exts.P4 to P6 applications for compounding the

offence. Unless Exts.P4 to P6 are considered expeditiously,

the petitioners will be put to irreparable loss and injury,

contends the petitioners.

WP(C) No.41745 of 2022

3. Government Pleader entered appearance on behalf

of the respondents and resisted the writ petition. The

Government Pleader, however, submitted that if Exts.P4 to P6

applications for compounding are pending, the same can be

considered in accordance with law.

4. Taking into consideration the fact that the vehicles

of the petitioners stand seized by the 3rd respondent, I am of

the view that the applications for compounding submitted by

the petitioners, if the same are received, shall be considered

in accordance with law and orders shall be passed thereon

expeditiously.

The writ petition is therefore disposed of directing the

2nd respondent-Deputy Superintendent of Police to consider

and pass appropriate orders on Exts.P4 to P6 applications for

compounding submitted by the petitioners within a period of

ten days.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.41745 of 2022

APPENDIX OF WP(C) 41745 OF 2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SEIZURE MAHAZER PREFERRED BY THE ARUVIKKARA POLICE DATED 27.9.2022 Exhibit P2 TRUE COPY OF THE REPORT FORWARDED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE COMPOUNDING APPLICATION SUBMITTED BYTHE 1ST PETITIONER DATED 13.12.2022 Exhibit P5 TRUE COPY OF THE COMPOUNDING APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.12.2022 Exhibit P6 TRUE COPY OF THE COMPOUNDING APPLICATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.12.2022