Kerala High Court
Muhammed Anees vs The Village Officer on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
WP(C) NO.9125 OF 2022
PETITIONERS :-
1 MUHAMMED ANEES, AGED 22 YEARS
SON OF NASAR, THOTTUNGAL UMAYIL, KARUVANPADI,
CHERUKUNDANGAD P.O., PARUDUR, PALAKKAD DISTRICT
(OWNER OF TIPPER LORRY BEARING REGISTRATION NO.
KL-57-C-1730), PIN - 679 305
2 AHAMMED HASSAN, AGED 33 YEARS
SON OF ABDULLA, MACHINGATHODI KIZHAKKETHIL HOUSE,
KODUMUNDA P.O., MUTHUTHALA, PALAKKAD DISTRICT
(OWNER OF TIPPER LORRY BEARING REGISTRATION NO.
KL-17-F-1556) , PIN - 679 303
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS :-
1 THE VILLAGE OFFICER
KAPPUR VILLAGE, PALAKKAD DISTRICT,
PIN - 679 552
2 THE DISTRICT GEOLOGIST
DISTRICT OFFICE,
THE DEPARTMENT OF MINING AND GEOLOGY,
PALAKKAD, PIN - 678 001
BY SMT.PRINCY XAVIER, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.9125 OF 2022
-: 2 :-
JUDGMENT
Dated this the 18th day of March, 2022
This writ petition is filed seeking the following reliefs :-
"A. 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-57-C-1730 and KL-17-F-1556 before
the second respondent to enable the petitioners to
compound the offence alleged against them within a
reasonable period which this honourable court may deem
fit and proper in the interest of justice and circumstances
of the case.
B. Issue a writ of mandamus or other appropriate writ,
order or direction to the second respondent to permit the
petitioners to compound the offence alleged against them
in connection with vehicles of petitioners bearing
registration No.KL-57-C-1730 and KL-17-F-1556 within a
reasonable period which this honourable court may deem
fit and proper in the interest of justice and circumstances
of the case.
C. Direct the second respondent to release the vehicles of
the petitioners immediately after compounding the
offence."
2. Heard the learned counsel for the petitioners and the
learned Government Pleader.
3. It is submitted by the learned counsel for the petitioners
that the petitioners' tipper lorries bearing registration Nos.KL-57-
C-1730 and KL-17-F-1556 were seized by the 1st respondent on
WP(C) NO.9125 OF 2022
11.3.2022, on the allegation of offences under the provisions of
Kerala Minor Mineral Concession Rules, 2015 and the Mines and
Minerals (Development and Regulation) Act, 1957. It is submitted
that the vehicle has been kept in the premises of the 1 st
respondent, without reporting before the 2nd respondent.
4. The learned Government Pleader submits that
instructions are not forthcoming with regard to whether the 1 st
respondent has duly reported the seizure.
There will, accordingly, be a direction to the 1st
respondent to immediately report the seizure of the vehicle along
with all relevant documents before the 2 nd respondent within two
days. In case the petitioners approach the 2 nd respondent with
request for release of the vehicles, the same shall be considered in
accordance with law, within a period of one week thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/18.3.2022
WP(C) NO.9125 OF 2022
APPENDIX OF WP(C) 9125/2022
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY
THE FIRST RESPONDENT DATED 11.03.2022
Exhibit- P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 10.3.2022 IN WPC NO.7243 OF 2022
