Kerala High Court
Jaison Cherian 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.9093 OF 2022
PETITIONERS :-
1 JAISON CHERIAN, AGED 36 YEARS
SON OF CHERIAN VARGHESE, EDATHUMPADIKKAL,
KALLUMMEKKALLU, KALLAR P.O., PARATHODU,
IDUKKI DISTRICT, (OWNER OF EXCAVATOR BEARING
REGISTRATION NO. KL-37-A-6330), PIN - 685 552
2 LAKSHMI, AGED 38 YEARS
WIFE OF KRISHNAN, SIUNKARAVILASAM HOUSE,
KATTAPANA SOUTH P.O., PARATHODE VILLAGE,
IDUKKI DISTRICT, (OWNER OF TRACTOR BEARING
REGISTRATION NO. KL-06-J-8488 ALONG WITH
COMPRESSOR), PIN - 685 551
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS :-
1 THE VILLAGE OFFICER
PARATHODE VILLAGE, PARATHODE,
IDUKKI DISTRICT, PIN - 685 584
2 THE DISTRICT GEOLOGIST
DISTRICT OFFICE,
THE DEPARTMENT OF MINING AND GEOLOGY, PYNAVU,
IDUKKI, PIN - 685 584
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.9093 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-37-A-6330 and KL-06-J-8488 along
with Compressor before the second respondent to enable
the petitioners to compound the offence alleged against
him 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. No.KL-37-A-6330 and KL-06-J-8488 along
with compressor 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 1st petitioner's Excavator bearing registration No.KL-37-A-
6330 and the 2nd petitioner's Tractor bearing registration No.KL-
WP(C) NO.9093 OF 2022
06-J-8488 were seized by the 1st respondent on 22.2.2022, 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.9093 OF 2022
APPENDIX OF WP(C) 9093/2022
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE SEIZURE MAHASAR DATED
22.2.2022 PREPARED BY THE FIRST RESPONDENT
Exhibit- P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 3.9.2021 IN WPC NO.17196 OF 2021
Exhibit- P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 10.3.2022 IN WPC NO.7243 OF 2022
