Praveen Anas vs District Geologist
2023 Latest Caselaw 7268 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                     WP(C) NO. 17284 OF 2023
PETITIONER:

         PRAVEEN ANAS
         AGED 28 YEARS, S/O NELSON,
         MULLUVILA NADUTHATTU VEEDU
         NELLIVILA P.O ,
         THIRUVANANTHAPURAM - 695523.

          BY ADV S.NIKHIL SANKAR


RESPONDENTS:

    1    DISTRICT GEOLOGIST
         DEPARTMENT OF MINING AND GEOLOGY
         KESAVADASAPURAM, PATTOM PALACE P.0.,
         THIRUVANANTHAPURAM - 695004.

    2    STATION HOUSE OFFICER
         VIZHINJAM POLICE STATION VIZHINJAM P.
         O,THIRUVANANTHAPURAM - 695521.

    3    SUNIL KUMAR.
         CHARUVILA VEEDU,KAKKAKUZHY,
         KOTTUKAL,VENGANOOR P.0,
         THIRUVANANTHAPURAM - 695527.

         BY ADV.AMMINIKUTTY-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.17284 of 2023
                                    2




                           JUDGMENT

Dated this the 27th day of June, 2023

The petitioner states that he is owner of a JCB vehicle

bearing registration No.KL-21D-8252. A citizen named Anoop B.S

had availed the service of the said vehicle for construction of a

boundary wall in his property situated in Nellivila.

2. On 11.03.2023, when the JCB was deployed in the said

process, the 2nd respondent-Station House Officer seized the

vehicle alleging that the vehicle was used for illegally transporting

ordinary earth.

3. The petitioner states that the vehicle was not involved

in any offence under the Kerala Minor Mineral Concession Rules.

However, when the petitioner approached the 1 st respondent-

District Geologist for compounding the offence, the District W.P.(C) No.17284 of 2023

Geologist passed Ext.P2 order directing the petitioner to pay fine

amounts for the entire minerals allegedly excavated from the

properties belonging to the 3rd respondent, for release of the

vehicle of the petitioner.

4. The petitioner states that Ext.P2 order is illegal and

unsustainable. The petitioner is willing to compound the offence

after paying compounding fee calculated on the basis of the value

of the vehicle. The land does not belong to the petitioner and the

minerals excavated also do not belong to the petitioner. Therefore,

the petitioner cannot be mulcted with the liability in respect of the

cost of the ordinary earth.

5. Government Pleader entered appearance 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 if the petitioner submits an

application for compounding, the same will be considered in W.P.(C) No.17284 of 2023

accordance with the provisions of the Kerala Minor Mineral

Concession Rules and the Mines and Minerals (Development and

Regulation) Act.

6. I have heard the learned Counsel for the petitioner and

the learned Government Pleader representing the respondents.

7. It is an admitted position that the petitioner's vehicle

was seized as it was allegedly deployed for carrying out activities

which are in violation of the Kerala Minor Mineral Concession

Rules. The Rules provide for compounding of such offences. The

petitioner can get his vehicle released once the offence is

compounded. However, I find that when the ordinary earth

allegedly excavated does not belong to the petitioner,

compounding fee cannot be levied on the quantum of minor

mineral unearthed. The petitioner will be entitled to compound the

offence based on the value of the vehicle of the petitioner which is

seized.

W.P.(C) No.17284 of 2023

In the circumstances, the writ petition is disposed of directing

the 1st respondent-District Geologist to compound the offence in

respect of the petitioner's vehicle and release the vehicle, on the

petitioner paying compounding fee corresponding to the value of

the vehicle. If the petitioner makes an application for

compounding, I am sure that the Geologist will consider it and

pass orders thereon, as expeditiously as possible and at any rate,

within a period of two weeks.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.17284 of 2023

APPENDIX OF WP(C) 17284/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P (C ) NO:13338/2023 DATED 12/04/2023.

Exhibit -P2 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 27/04/2023