Abdul Hakeem Cheeram Kulangara vs The Sub Inspector Of Police
2023 Latest Caselaw 4545 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                            WP(C) NO. 13363 OF 2023
PETITIONER:

              ABDUL HAKEEM CHEERAM KULANGARA,
              AGED 36 YEARS
              SON OF HASSANKOYA, THAZHATHEKALATHIL, ALUNGAL KOOFA,
              VELIMUKKU SOUTH, MOONNIYUR, MALAPPURAM (OWNER OF A TIPPER
              LORRY BEARING REGISTRATION NO. KL-55-N-6720), PIN -
              676317

              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ



RESPONDENTS:

     1        THE SUB INSPECTOR OF POLICE
              PARAPPANANGADI POLICE STATION, MALAPPURAM DISTRICT,
              PIN - 676303

     2        THE DISTRICT GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MINI
              CIVIL STATION, MANJERI PO, MALAPPURAM, PIN - 676121

              SRI.APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13363 OF 2023                     2




                                         JUDGMENT

Dated this the 12th day of April, 2023

This writ petition is filed seeking the following reliefs:-

1. Issue a writ of mandamus or other appropriate writ, order or direction to the first respondent to report the seizure regarding the vehicle of petitioner bearing registration No. KL- 55-N-6720 before the second respondent to enable the petitioner to compound the offence alleged against him within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

2. Issue a writ of mandamus or other appropriate writ, order or direction to the second respondent to permit the petitioner to compound the offence alleged against him in connection with vehicle of petitioner bearing registration No. KL-55-N-6720 within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

3. Direct the second respondent to release the vehicle of the petitioner immediately after compounding the offence.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that a Tipper Lorry belonging to the petitioner

bearing registration No.KL-55-N-6720 was seized by the 1 st

respondent on 8/4/2023, on allegation of offences under

the provisions of Kerala Minor Mineral Concession Rules,

2015 and Mines and Minerals (Development and Regulation)

Act, 1957. It is submitted that the vehicle has been kept in

police custody and that no further action has been taken so

far. It is submitted that the petitioner is prepared to

compound the offence.

In the above view of the matter and in the light of the

submissions made by the learned counsel for the petitioner,

there will be a direction to the 1st respondent to forward the

documents relating to the seizure of the vehicle to the 2 nd

respondent immediately, if the same has not already been

forwarded, within a period of two days from the date of

receipt of a copy of this judgment. In case the petitioner

approaches the 2nd respondent with a request for

compounding of offence, the same shall be considered

within a period of one week thereafter.

This writ petition is ordered accordingly.

Sd/-

                                               ANU SIVARAMAN
       ska                                         JUDGE





                          APPENDIX OF WP(C) 13363/2023

PETITIONER EXHIBITS

Exhibit- P1                TRUE COPY OF THE SEIZURE MAHASAR DATED

8.4.2023 PREPARED BY THE FIRST RESPONDENT

Exhibit-P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 10.3.2022 IN WPC NO.7243 OF 2022