Kerala High Court
Muhamed Noufal vs The Sub Inspector Of Police on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 11779 OF 2023
PETITIONER:
MUHAMED NOUFAL
AGED 29 YEARS
SON OF MUHAMMED HANEEFA, KEYAMTHODI HOUSE, VETTICHIRA,
KARIPPOL P.O, KURUMBATHUR, VALANCHERI, (OWNER OF A TIPPER
LORRY BEARING REGISTRATION NO. KL-11-AM-1022), PIN -
676552
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
VISHNU P.S.
MOHAMMED SHEHIN.S.S
BIPIN KRISHNAKUMAR
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE
KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT, PIN -
676551
2 THE DISTRICT GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, MINI
CIVIL STATION, MANJERI PO, MALAPPURAM, PIN - 676121
BY SRI.APPU.P.S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.11779 OF 2023 2
ANU SIVARAMAN, J.
=========================
W.P.(C) No.11779 of 2023
=========================
Dated this the 31st day of March, 2023
JUDGMENT
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-11-AM-1022 before the 2 nd
respondent to enable the petitioner to compound the
offence alleged against him within a reasonable period
which this honourable 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 2 nd respondent
to permit the petitioner to report the seizure regarding
the vehicle of petitioner bearing registration No.KL-11-
AM-1022 within a reasonable period which this
honourable court may deem fit and proper in the interest
of justice and circumstances of the case.
C. Direct the 2nd 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-11-AM-1022
was seized by the 1st respondent on 29.03.2023, 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.
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 1st
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 of offence, the same shall
be considered within a period of one week
thereafter. In case the offence is compounded, the
Geologist shall release the vehicle and the
proceedings for illegal extraction, if any, can be
proceeded against the appropriate person.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/08/03
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SEIZURE MAHASAR DATED
29.03.2023 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
