Abdul Rafeeq vs The Sub Inspector Of Police
2023 Latest Caselaw 2843 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                            WP(C) NO. 7052 OF 2023
PETITIONER:

              ABDUL RAFEEQ
              AGED 35 YEARS
              SON OF SAITHALAVI, THALAYANAPARAMBIL, PADINJARANGADI,
              KAPPUR, PALAKKAD (OWNER OF A TIPPER LORRY BEARING
              REGISTRATION NO. KL-46-D-3271), PIN - 679552

              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ



RESPONDENTS:

     1        THE SUB INSPECTOR OF POLICE
              PONNANI POLICE STATION, MALAPPURAM DISTRICT, PIN - 679584

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

              SMT.PARVATHY.K-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7052 OF 2023                   2




                                  JUDGMENT

Dated this the 1st day of March, 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 vehicle of petitioner bearing registration No. KL-46-D-3271 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 vehicle of petitioner bearing registration No. KL-46-D-3271 within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

C. Direct the second respondent to release the vehicle of the petitioner immediately after compounding the offence.

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 belonging to the petitioner bearing registration

No.KL-46-D-3271 was seized by the 1st respondent on 24/02/2023,

on allegation of offences under the provisions of Kerala Minor

Mineral Concession Rules, 2015 and Mines and Minerals

(Development and Regulation) Act, 1957. It is submitted that the

vehicle has been kept in police custody and that no further action

has been taken so far. It is submitted that the petitioner is

prepared to compound the offence.

In the above view of the matter and in the light of the

submissions made by the learned counsel for the petitioner,

there will be a direction to the 1 st respondent to forward the

documents relating to the seizure of the vehicle to the 2 nd

respondent immediately, if the same has already not been

forwarded, within a period of two days from the date of receipt

of a copy of this judgment. In case the petitioner approaches the

2nd respondent with a request for compounding the offence, the

same shall be considered within a period of one week thereafter.

This writ petition is ordered accordingly.

Sd/-

                                                   ANU SIVARAMAN
       ska                                             JUDGE





                         APPENDIX OF WP(C) 7052/2023

PETITIONER EXHIBITS

Exhibit P1                TRUE COPY OF THE SEIZURE MAHASAR DATED

24.2.2023 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