Praveen K.P vs The District Geologist
2023 Latest Caselaw 5845 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                  WP(C) NO. 16166 OF 2023
PETITIONERS:

    1    PRAVEEN K.P
         AGED 36 YEARS
         S/O VELAYUDHAN, KARATTUPARAMBIL,
         THRIRUVEGAPURA, KAIPURAM P.O,
         PALAKKAD DISTRICT, PIN - 679308
    2    HASIR.E
         AGED 26 YEARS
         S/O HANEEFA, EDSAVAKKATH HOUSE,
         PUNNATHALA P.O, MARAKKARA,
         MALAPPURAM DISTRICT, PIN - 676553
    3    ASHIQ E
         AGED 28 YEARS
         S/O HANEEFA EDAVAKKATH,
         EDAVAKKATH HOUSE,
         CHELAKUTH KALLARAMANGALAM,
         MARAKKARA, MALAPPURAM DISTRICT, PIN - 676553

         BY ADVS.
         P.MOHAMED SABAH
         LIBIN STANLEY
         SAIPOOJA
         SADIK ISMAYIL
         M.MAHIN HAMZA
         R.GAYATHRI
         ALWIN JOSEPH
         SHEMEES SHEREEF


RESPONDENTS:

    1    THE DISTRICT GEOLOGIST
         MALAPPURAM, MINI CIVIL STATION,
         VELLARANGAL, MANJERI,
         MALAPPURAM DISTRICT, PIN - 676517
 WP(C) No.16166 of 2023

                            2


     2      THE STATION HOUSE OFFICER
            KADAMPUZHA POLICE STATION, KADAMPUZHA,
            MALAPPURAM, DISTRICT, PIN - 676553

            BY ADV SMT.AMMINIKUTTY, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 24.05.2023, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.16166 of 2023

                               3


                             JUDGMENT

Dated this the 24th day of May, 2023

The petitioners, whose Tipper Lorries and JCB

Excavator are seized by the 2 nd respondent, have approached

this Court seeking to direct the 2nd respondent to report the

seizure of the vehicles bearing registration Nos.KL-39-2513,

KL-55Z-8408 and KL-55AF-9067 of the petitioners 1 to 3

respectively before the 1st respondent expeditiously.

2. The contention of the petitioners is that unless

seizures are reported to the 1st respondent, they will be

disabled from compounding the offence and getting the

vehicles released.

3. When this writ petition came up for admission

today, Government Pleader pointed out that the

2nd respondent-Station House Officer has already reported the

matter to the District Geologist on 15.05.2023 and therefore,

the petitioners are at liberty to approach the 1 st respondent for WP(C) No.16166 of 2023

compounding the offence.

In view of the facts as stated above, the writ petition is

disposed of permitting the petitioners to approach the

1st respondent-District Geologist seeking compounding of the

offence. If applications are received, the 1st respondent will

take a decision, within a period of three weeks from the date

of receipt of the applications.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.16166 of 2023

APPENDIX OF WP(C) 16166/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE MAHINDRA GOODS CARRIER (TIPPER) BEARING REGISTRATION NO. KL-39-2513 Exhibit P2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE MAHINDRA LGV TIPPER BEARING REGISTRATION NO. KL-55-Z-8408 Exhibit P3 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE JCB MODEL 3DX PLUS-

2WD EXCAVATOR MACHINE BEARING REGISTRATION NO. KL-55-AF-9067 Exhibit P4 TRUE COPY OF THE SEIZURE MAHAZAR DATED 14.05.2023 PERTAINING TO THE SEIZURE OF VEHICLES AND JCB EXCAVATOR OF PETITIONERS Exhibit P5 THE TRUE COPY OF THE G.O. (MS) NO.

51/2017/ID AND DATED 21.06.2017 ISSUED BY THE INDUSTRIES (A) DEPARTMENT, GOVERNMENT OF KERALA Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 30.03.2023 IN WP (C) NO.11413/2023 ON THE FILE OF THE HONOURABLE HIGH COURT OF KERALA