Mohammed Shareef vs The District Collector
2022 Latest Caselaw 6748 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 16051 OF 2021
PETITIONER:

          MOHAMMED SHAREEF
          AGED 28 YEARS
          S/O.KUNJU MOHAMMED, PARAMBA THAZHATH, KUMARANALLUR
          P.O., KAPPUR VILLAGE, PATTAMBI TALUK, PALAKKAD
          DISTRICT, (OWNER OF TIPPER LORRY BEARING REGISTRATION
          NO.KL-10-AD-9722).
          BY ADV P.M.ZIRAJ


RESPONDENTS:

    1     THE DISTRICT COLLECTOR,
          PALAKKAD DISTRICT, PIN-678013.
    2     THE DISTRICT GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY,
          PALAKKAD DISTRICT-678001.
    3     SUB COLLECTOR
          OTTAPALAM, PALAKKAD DISTRICT, PIN-679101.
    4     THE DEPUTY THAHASILDAR (INSPECTION),
          PATTAMBI TALUK, PALAKKAD DISTRICT-679534.
    5     THE VILLAGE OFFICER
          KAPPUR VILLAGE, PALAKKAD DISTRICT-679552.
    6     THE SUB INSPECTOR OF POLICE,
          THRITHALA POLICE STATION, PALAKKAD DISTRICT,
          PIN-679534.
    7     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT
          OF KERALA, ERNAKULAM-682031.
          BY ADV. VIDYA KURIAKOSE, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16051 OF 2021
                               2


               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 16051 of 2021
      ----------------------------------------------
       Dated this the 14th day of June, 2022

                       JUDGMENT

The above writ petition is filed with the following prayers:

"(1) Issue a writ of mandamus or any other appropriate writ, order or direction to the third respondent to comply the direction contained in exhibit P5 order of second respondent and thereby release the vehicle of petitioner bearing registration No.KL-10-AD- 9722 forthwith.

(2) Declare that no proceedings or further proceedings will be initiated against the petitioner or his vehicle after compounding the offence alleged against him and after payment of compounding fee.

(3) Issue such other writ, orders or directions, which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case."[SIC]

2. The tipper lorry belonging to the petitioner

bearing Registration No.KL-10-AD-9722 was seized

alleging that the petitioner transported minor mineral in

the said vehicle in violation of the provisions of the WP(C) NO. 16051 OF 2021

Kerala Conservation of paddy Land and Wet Land Act,

2008(for short 'the Act'). According to the petitioner,

there is no violation of the provisions of the Act. The

petitioner approached this Court by filing W.P.

(C)No.10823/2021. This Court after considering the

contention of the petitioner and the respondents,

disposed of the writ petition as per Ext.P4 judgment. It

will be better to extract the relevant portion of the

judgment.

"4. In terms of Section 20(1) above, the report regarding seizure of the vehicle under Section 19 is to be forwarded to the District Collector who is conferred with jurisdiction Section 20 of the Act to adjudicate and order confiscation. Section 20(2) mandates the grant of an opportunity of hearing, to the owner of the vehicle.

5. The learned counsel for the petitioner submits that the petitioner will be satisfied with a consideration of the issue by the District Collector expeditiously.

Accordingly, the writ petition is disposed of directing respondents 1 to 3 to forward the Mahazar and other seizure records relating to the vehicle in question to the additional 5th respondent- District Collector, forthwith. The additional 5th respondent shall decide on the issue in terms of Section 20 of the Act and pass appropriate orders after hearing the petitioner. Let WP(C) NO. 16051 OF 2021

orders be passed within a period of six weeks from the date of receipt of a copy of this judgment."

3. Thereafter the District collector issued Ext.P7

forwarding the entire documents to the Geologist

concerned. Thereafter the Geologist passed Ext.P5 order

imposing a compounding fees. It is the case of the

petitioner that, the petitioner paid the amount as evident

by Ext.P6 receipt. Even now the vehicle is not returned.

Hence this writ petition is filed.

4. Heard counsel appearing for the petitioner and

the learned Government Pleader.

5. Counsel appearing for the petitioner reiterated

his contentions in the writ petition. On the other hand,

the Government Pleader submitted that, as per Ext.P4

judgment, this Court directed the District Collector to

consider the matter. In such circumstances, the

Government Pleader submitted that the Geologist has no

authority to compound the offence and Ext.P5 will not

stand. On the other hand, the counsel for the petitioner

submitted that, after Ext.P4 order, Ext.P7 was passed by WP(C) NO. 16051 OF 2021

the Collector and thereafter Ext.P5 order is passed and

the judgment of this Court is referred in Ext.P5 as

reference No.2.

6. This Court considered the contentions of the

petitioner and the respondents. Ext.P4 judgment is

dated 22.06.2021. Now, one year lapsed. There is no

fault on the side of the petitioner. According to the

petitioner, after Ext.P4 judgment, the District Collector

issued Ext.P7 proceedings and thereafter the Geologist

passed Ext.P5 order. In Ext.P5 order, Ext.P4 judgment is

referred as item No.2. Therefore, without considering

the correctness of Exts.P5 and P7, I think the vehicle is

to be released. If there is any violation, the respondents

are allowed to do the needful in accordance to law.

Therefore this writ petition is disposed of in the

following manner:

i. The vehicle bearing Registration No.KL-

10-AD-9722 shall be released to the petitioner

based on Ext.P5 order passed by the 3 rd WP(C) NO. 16051 OF 2021

respondent forthwith, at any rate, within a period

of 10 days from the date of receipt of a copy of

this judgment.

ii. The validity of Exts.P5 and P7 orders are

left open.

Sd/-

                                      P.V.KUNHIKRISHNAN
DM                                          JUDGE
 WP(C) NO. 16051 OF 2021


              APPENDIX OF WP(C) 16051/2021

PETITIONER EXHIBITS
EXHIBIT P1        TRUE COPY OF THE SEIZURE      MAHASAR
                  DATED 19.03.2021 PREPARED     BY THE
                  FIFTH RESPONDENT.
EXHIBIT P2        TRUE COPY OF THE COVERING LETTER

DATED 22.03.2021 SUBMITTED BY THE FIFTH RESPONDENT BEFORE THE FOURTH RESPONDENT.

EXHIBIT P3 COPY OF THE MAHASAR DATED 19.03.2021 PREPARED BY THE FOURTH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 22.06.2021 IN WPC NO.10823/2021.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 19.07.2021 ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE COUNTER FOIL OF THE CHELAN TOWARDS PAYMENT OF COMPOUNDING FEE BY THE PETITIONER DATED 19.07.2021.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT ALONG WITH THE COMMUNICATION DATED 31/8/2021

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE