Shahinsha vs The Sub Inspector Of Police
2023 Latest Caselaw 3874 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                        WP(C) NO. 11413 OF 2023
PETITIONER:

          SHAHINSHA,
          AGED 25 YEARS,
          S/O MOHAMED, THAZHATHETHIL HOUSE,
          PILATHARA,KADAMBUZHA, MELMURI,
          MALAPPURAM, PIN - 676 553.

          BY ADVS.
          BEN TOM
          SHEMEES SHEREEF



RESPONDENTS:

    1     THE SUB INSPECTOR OF POLICE,
          KALPAKANCHERY POLICE STATION, KALPAKANCHERY,
          MALAPPURAM, PIN - 676 551.

    2     THE DISTRICT GEOLOGIST,
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
          MINI CIVIL STATION, MANJERI P O,
          MALAPPURAM, PIN - 676 121.


          SRI.APPU P.S-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11413 OF 2023

                                    2



                              JUDGMENT

Dated this the 30th day of March, 2023

This writ petition is filed seeking the following

reliefs:-

"I. 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-65-1088 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.

II. Issue a writ of mandamus or any 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-65-1088 within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case. III. 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. WP(C).No.11413 OF 2023

3. It is submitted by the learned counsel for the

petitioner that a vehicle belonging to the petitioner

bearing registration No.KL-65-1088 was seized by the

1st respondent on 26.03.2023, 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.

4. 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 2nd 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 WP(C).No.11413 OF 2023

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 JUDGE

ak WP(C).No.11413 OF 2023

APPENDIX OF WP(C)No.11413/2023

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO. KL-65-1088.

EXHIBIT P2 TRUE COPY OF THE SEIZURE MAHAZAR DATED 26.03.23.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

9340 OF 2023 DATED 17.03.2023.

RESPONDENTS EXHIBITS:- NIL