Salman Fariz vs The Sub Inspector Of Police
2023 Latest Caselaw 6294 Ker

Citation : 2023 Latest Caselaw 6294 Ker
Judgement Date : 12 June, 2023

Kerala High Court

Salman Fariz vs The Sub Inspector Of Police on 12 June, 2023

        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. 19067 OF 2023
PETITIONER:

         SALMAN FARIZ
         AGED 23 YEARS
         SON OF YOOSAF, POOLAKUNDAN HOUSE,
         KADAMPUZHA P.O., MELMURI, MALAPPURAM
         (OWNER OF TIPPER LORRY BEARING REGISTRATION
         NO.KL-52-E-9077), PIN - 676553

         BY ADVS.
         P.M.ZIRAJ
         IRFAN ZIRAJ


RESPONDENTS:

    1    THE SUB INSPECTOR OF POLICE
         KADAMPUZHA POLICE STATION,
         MALAPPURAM DISTRICT, PIN - 676553

    2    THE DISTRICT GEOLOGIST
         DEPARTMENT OF MINING AND GEOLOGY,
         MINI CIVIL STATION, NEAR DISTRICT COURT,
         VELLARANGAL, MANJERI,
         MALAPPURAM DISTRICT, PIN - 676517


         SMT. DEVISREE R., 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.19067/2023
                                       :2:




                           N. NAGARESH, J.

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                       W.P.(C) No.19067 of 2023

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                Dated this the 12th day of June, 2023


                            JUDGMENT

~~~~~~~~~

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-52E-9077. The 1 st respondent

seized the vehicle on 01.06.2023 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.19067/2023

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.19067/2023

6. The petitioner's vehicle bearing registration No.KL-

52E-9077 was seized on 01.06.2023. 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 1 st 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.19067/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SEIZURE MAHASSAR DATED 01.06.2023 PREPARED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 5.6.2023 IN WPC NO.18079 OF 2023 Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 14.2.2023 IN WPC NO.4974 OF 2023