Muhammed Shabin vs The Sub Inspector Of Police
2023 Latest Caselaw 4941 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                        WP(C) NO. 13966 OF 2023
PETITIONER:

          MUHAMMED SHABIN
          AGED 23 YEARS
          SON OF MUJEEB, MARUNNAN, POOVANCHINA, MARAKKARA,
          MALAPPURAM DISTRICT (OWNER OF A TIPPER LORRY BEARING
          REGISTRATION NO. KL-10-AD-7847), PIN - 676510
          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ
RESPONDENTS:

    1     THE SUB INSPECTOR OF POLICE
          KALPAKANCHERRY POLICE STATION,
          MALAPPURAM DISTRICT, PIN - 676551
    2     THE DISTRICT GEOLOGIST
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
          MINI CIVIL STATION, MANJERI PO, MALAPPURAM, PIN- 676121
          SMT. PARVATHY K- GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13966 OF 2023

                                        2




                                JUDGMENT

Dated this the 13th day of April, 2023

This writ petition is filed seeking the following prayers:

"(i) 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-10-AD-7847 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.

(ii) 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-10-AD-7847 within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

(iii) 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-10-

AD-7847 was seized by the 1st respondent on 06.04.2023, on allegation

of offences under the provisions of Kerala Minor Mineral Concession WP(C) NO. 13966 OF 2023

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.

4. 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 2nd 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 the offence, the same

shall be considered within a period of 10 days thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 13966 OF 2023

APPENDIX OF WP(C) 13966/2023

PETITIONER'S EXHIBITS Exhibit- P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 6.04.2023 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 RESPONDENTS' EXHIBITS: NIL