Radhakrishnan P vs The Inspector Of Police
2023 Latest Caselaw 12805 Ker

Kerala High Court

Radhakrishnan P vs The Inspector Of Police on 8 December, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                         WP(C) NO.40860 OF 2023
PETITIONER:

             RADHAKRISHNAN P., AGED 60 YEARS
             SON OF A KANNAN, PALATHAD HOUSE, THACHANGAD,
             PANAYAL, KASARGOD DISTRICT, OWNER OF TIPPER LORRIES
             BEARING REGISTRATION NOS.KL-05-AE-185, KL-14-J-9639
             AND KL-59-B-4438), PIN - 671316
             BY ADVS.
             IRFAN ZIRAJ
             P.M.ZIRAJ


RESPONDENTS:

     1       THE INSPECTOR OF POLICE
             BEKAL POLICE STATION, KASARGOD DISTRICT, PIN -
             671318
     2       THE DISTRICT GEOLOGIST
             DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY,
             E-BLOCK, 2ND FLOOR, CIVIL STATION VIDYA NAGAR,
             KASARAGOD, PIN - 671123


             BY SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.12.2023,   THE     COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.40860 of 2023                2



                                JUDGMENT

Petitioner is the owner of tipper lorries

bearing registration Nos.KL-05-AE-185, KL-14-J-

9639 and KL-59-B-4438. The said vehicles were

seized on 01.12.2023 by the 1st respondent, the

Inspector of Police, alleging violation of the

provisions of the Kerala Minor Mineral Concession

Rules, 2015 and the Mines and Minerals

[Development & Regulation Act], 1957. Ext.P1 is

the copy of the seizure mahazar. The grievance of

the petitioner is that after the seizure, the

vehicles have not been handed over to the District

Geologist, the 2nd respondent, who is the competent

authority. The petitioner states that since the

vehicles are not produced before the 2 nd

respondent, he has lost his right to get the

alleged offences compounded.

2. Heard the learned counsel for the

petitioner and the learned Senior Government

Pleader appearing for the respondents.

3. There will be a direction to the 1 st

respondent to report the seizure of the vehicles

to the 2nd respondent within a period of two

working days from the date of receipt of a

certified copy of this judgment. In case the

petitioner makes any request before the 2 nd

respondent for compounding the offence, the same

shall be considered in accordance with law, within

a period of one week from the date of such

request.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/08/12/2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 01.12.2023 PREPARED BY THE FIRST RESPONDENT EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 10.03.2022 IN WPC NO.7243 OF 2022 EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 14.02.2023 IN WPC NO.4974 OF 2023