Jamzeer N.P vs The Sub Inspector Of Police
2023 Latest Caselaw 6173 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                WP(C) NO. 19012 OF 2023
PETITIONER:

         JAMZEER N.P
         AGED 30 YEARS
         SON OF SIDHEEQUE N.P, NADUVILA PARAMBIL HOUSE,
         ALATHIYUR P.O, TIRUR , MALAPPURAM DISTRICT,
         KERALA (OWNER OF TORRES LORRY BEARING
         REGISTRATION NUMBER KL-55-AE-7265),
         PIN - 676102

         BY ADVS.
         IRFAN ZIRAJ
         P.M.ZIRAJ


RESPONDENTS:

    1    THE SUB INSPECTOR OF POLICE
         KADAMPUZHA POLICE STATION, KANJIPPURA RD,
         THUVAPPARA, KADAMPUZHA, MALAPPURAM DISTRICT,
         KERALA, PIN - 676553

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


         SMT. AMMINIKUTTY, SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 12.06.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.19012/2023
                                       :2:




                           N. NAGARESH, J.

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                      W.P.(C) No.19012 of 2023

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                Dated this the 12th day of June, 2023


                            JUDGMENT

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The petitioner, whose vehicle has been seized by

the 1st respondent, is before this Court seeking to direct the

1st respondent to report the seizure of the vehicle of the

petitioner to the 2nd respondent to enable the petitioner to

compound the offence alleged against the petitioner.

2. The petitioner states that he is owner of a Tipper

Lorry with registration No.KL-55AE-7265. The 1 st respondent

seized the vehicle on 04.06.2023 alleging that the Tipper

Lorry has been used for committing offences punishable

under the provisions of the Kerala Minor Mineral Concession

Rules, 2015 (hereinafter referred to as 'the Rules, 2015') and

the Mines and Minerals (Development and Regulation) Act, W.P.(C) No.19012/2023

1957.

3. The petitioner states that under the provisions of

the Rules, 2015, the 1st respondent is duty bound to report

the seizure immediately to the 2nd respondent, who is the

authorised officer in the matter. The delay, if any, on the part

of the 1st respondent in reporting the matter to the 2 nd

respondent would cause irreparable loss to the petitioner.

4. Government Pleader entered appearance on

behalf of the respondents and resisted the writ petition. The

Government Pleader denied all the material allegations made

by the petitioner in the writ petition. On behalf of the

respondents, it is submitted that the 1 st respondent will be

forwarding necessary documents to the 2 nd respondent after

completing necessary procedure. The petitioner can

approach the District Geologist for compounding the offence,

if the petitioner is so advised.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

W.P.(C) No.19012/2023

6. The petitioner's vehicle bearing registration

No.KL55AE-7265 was seized on 04.06.2023. The petitioner

submits that he is ready to compound the offence so that his

vehicle can be get released. Continued retention of the

vehicle in official custody will cause damage to the vehicle.

As the petitioner has a statutory right to apply for

compounding the offence, it would be only appropriate that

the 1st respondent forward the seizure report to the 2 nd

respondent at the earliest.

The writ petition is therefore disposed of directing

the 1st respondent to forward the Mahazar and Report as

regards the seizure of the petitioner's vehicle to the 2 nd

respondent, within a period of one week. If the petitioner

makes an application for compounding the offence, the 2 nd

respondent shall consider and pass orders thereon without

further delay.

Sd/-

N. NAGARESH, JUDGE aks/13.06.2023 W.P.(C) No.19012/2023

APPENDIX OF WP(C) 19012/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED 04.06.2023 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 Exhibit P3 TRUE COPY OF THE JUDGEMENT DATED 07.06.2023 IN W.P.(C) 18369 OF 2023