Mohammed Shafeeq vs The Revenue Divisional ...
2022 Latest Caselaw 11828 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. 41393 OF 2022
PETITIONER:

          MOHAMMED SHAFEEQ
          AGED 27 YEARS
          SON OF USMAN, ACHATH HOUSE, PUNNATHALA P.O.,
          KURUMBATHUR VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT,
          PIN - 676552
          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ


RESPONDENTS:

     1        THE REVENUE DIVISIONAL OFFICER(R.D.O.)
              TIRUR, MALAPPURAM DISTRICT, PIN - 676101
     2        THE SUB INSPECTOR OF POLICE
              VALANCHERY POLICE STATION, MALAPPURAM DISTRICT ,
              PIN - 676553

              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.41393 OF 2022
                                   2


                           JUDGMENT

Dated this the 21st day of December, 2022

The petitioner states that his vehicle bearing registration

No.KL-41A-4933 was seized by the 2nd respondent-Sub

Inspector of Police on 05.12.2022 alleging that the vehicle was

found transporting river sand. Ext.P1 First Information Report

was filed.

2. The petitioner states that the offence alleged is

compoundable under the provisions of the Kerala Protection of

River Banks and Regulation of Removal of River Sand Act,

2001. The petitioner has submitted Ext.P2 application for

compounding and to release the vehicle. The petitioner states

that he is willing to remit the entire compounding fee together

in cash.

3. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

WP(C) NO.41393 OF 2022

4. As Ext.P2 application is for release of vehicle and

compounding of offence, it is an application of statutory nature

and it has to be considered by the competent authority within a

reasonable time.

In the circumstances, the writ petition is disposed of

directing the 1st respondent-Revenue Divisional Officer to

consider Ext.P2 application for compounding submitted by the

petitioner and take appropriate decision thereon, within a

period of ten days.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.41393 OF 2022

APPENDIX OF WP(C) 41393/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FIRST INFORMATION REPORT NO.900/2022 DATED 5.12.2022 OF VALANCHERRY POLICE STATION Exhibit P2 TRUE COPY OF THE APPLICATION DATED 10.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT