Salim vs The Sub Inspector Of Police
2023 Latest Caselaw 3997 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. 10337 OF 2023
PETITIONERS:

     1        SALIM
              AGED 45 YEARS
              SON OF MUHAMED, THERAMPATH HOUSE, PADINHATTUMMURI P.O,
              KOOTTILANGADI, MALAPPURAM DISTRICT, KERALA, PIN - 676506

     2        MUHAMMED ABDULLAH
              AGED 39 YEARS
              SON OF YOUSAF, KOORI MANNIL VADAKKE MELEMANNIL HOUSE,
              PERIMBALAM POST, ANAKKAYAM, MALAPPURAM DISTRICT, KERALA,
              PIN - 676509

     3        MUHAMMED NOUFAL
              AGED 29 YEARS
              SON OF ABDURAHIMAN, OORAKOTIL, VALIKKAD, VELLILA,
              MANKADA, MALAPPURAM DISTRICT, PIN - 679324

              BY ADVS.
              IRFAN ZIRAJ
              P.M.ZIRAJ


RESPONDENTS:

     1        THE SUB INSPECTOR OF POLICE
              MANJERI POLICE STATION, VAYAPPARAPADI, KACHERIPPADI,
              MANJERI, KERALA, PIN - 676121

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

              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. 10337 OF 2023                    2




                                   JUDGMENT

Dated this the 30th 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 the first petitioner bearing registration No. KL-10-BE-3393, the second petition bearing registration number KL-08-AL-9697 and the third petitioner bearing registration number KL-10-AP-7015 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 first petitioner bearing registration No. KL-10-BE-3393, the second petition bearing registration number KL-08-AL-9697 and the third petitioner bearing registration number KL-10-AP-7015 within a reasonable period which this honorable court may deem fit and proper in the interest of justice and circumstances of the case.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners

that a JCB excavator belonging to the 1 st petitioner bearing

registration No.KL-10-BE-3393, a Tipper Lorry belonging to the 2 nd

petitioner bearing registration No.KL-08-AL-9697 and a Tipper

Lorry belonging to the 3rd petitioner bearing registration No.KL-10-

AP-7015 were seized by the 1st respondent on 21/3/2023, 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 vehicles have been

kept in police custody and that no further action has been taken so

far. It is submitted that the petitioners are prepared to compound

the offence.

4. The learned Government Pleader submits that the records

with regard to seizure of the vehicles have been duly forwarded by

the 1st respondent to the 2nd respondent on 22/3/2023.

Having considered the contentions advanced and in view of

the fact that the records relating to the seizure of the vehicles

have been forwarded to the 2nd respondent, it is for the

petitioner to approach the 2nd respondent with a request for

compounding of the offence. In case the petitioner approaches

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

shall be considered within a period of one week from date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

                                                  ANU SIVARAMAN
      ska                                             JUDGE





                          APPENDIX OF WP(C) 10337/2023

PETITIONER EXHIBITS

Exhibit P1                 TRUE COPY OF THE SEIZURE MAHASAR DATED

21.03.2023 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