Jashir vs The Assistant Sub Inspector Of ...
2023 Latest Caselaw 1997 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                            WP(C) NO. 3735 OF 2023
PETITIONER:

              JASHIR
              AGED 29 YEARS
              SON OF ABDUL NAZAR, THARAYINGAL HOUSE, PONMUNDAM P.O.,
              PONMUNDAM VILLAGE, VYLATHUR, TIRUR TALUK, MALAPPURAM
              DISTRICT, PIN - 676106

              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ



RESPONDENTS:

     1        THE ASSISTANT SUB INSPECTOR OF POLICE
              KALPAKANCHERRY POLICE STATION, MALAPPURAM DISTRICT,
              PIN - 679551

     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
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3735 OF 2023                   2




                                  JUDGMENT

Dated this the 3rd day of February, 2023

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 petitioner bearing registration No.KL- 10-AD-2879 and KL-55-U-6461 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.

B. 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 vehicles of petitioner bearing registration No.KL-10-AD-2879 and KL-55-U-6461 within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

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 bearing registration No.KL-10-

AD-2879 and a JCB Excavator bearing registration No.KL-

55-U-6461, belonging to the petitioner were seized by the

1st respondent on 29.1.2023, on allegation of offences

under the provisions of Kerala Minor Mineral Concession

Rules, 2015. It is submitted that the vehicles have been

kept in police custody and that no further action has been

taken so far.

4. The learned Government Pleader submits that

instructions are not forthcoming with regard to whether the

1st respondent has duly reported the seizure.

There will, accordingly, be a direction to the 1 st

respondent to immediately report the seizure of the vehicles

along with all relevant documents before the 2 nd respondent

within two days, if such seizure has not already been

reported. In case the petitioner approaches 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.

The writ petition is ordered accordingly.

Sd/-

                                                   ANU SIVARAMAN
   ska                                                  JUDGE





                         APPENDIX OF WP(C) 3735/2023


PETITIONER EXHIBITS

Exhibit P1                TRUE COPY OF THE SEIZURE MAHASAR DATED

29.1.2023 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