Shukkoor v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9335 of 2015 (N) --------------------------- PETITIONER :
---------------------- SHUKKOOR, AGED 28 YEARS, SON OF PAREETH, MUDILUMPALLIYIL, KANJIRAMATTOM, AMBALLOOR, ERNAKULAM-682 315.
BY ADVS.SRI.GEO PAUL SRI.SANU MATHEW SRI.RADHIKA RAJASEKHARAN P.
SRI.C.R.PRAMOD SRI.S.ASHOK KUMAR.
SRI.LENIN P. SUKUMARAN SRI.K.S.SREENATH SRI.JERRY VARGHESE RESPONDENT(S):
----------------------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT ANNEXE, TRIVANDRUM, PIN-695 001
2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, COCHIN-682 030.
3. THE VILLAGE OFFICER, VILLAGE OFFICE, NADAMA, TRIPUNITHARA, ERNAKULAM DISTRICT,PIN-682 031
4. SUB INSPECTOR OF POLICE, HILL PALANCE POLICE STATION, TRIPUNITHARA, ERNAKULAM DISTRICT,PIN-682 031 R1 TO R4 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.9335/2015 APPENDIX PETITIONER'S EXHIBITS:
P1 COPY OF THE REGISTRATION PARTICULARS OF THE VEHICLE BEARING REGISTRATION NO.KL 36A/328.
P2 COPY OF THE REPORT DATED 20/3/2015 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
P3 COPY OF THE SEIZURE MAHAZAR DATED 20/3/2015 PREPARED THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:
NIL /TRUE COPY/ P.A.TO.JUDGE sts
P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 9335 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 24th day of March, 2015
JUDGMENT
The petitioner, who is the owner of the vehicle bearing No. KL 36 A 328, is aggrieved of the seizure of the vehicle on 20.03.2015 by the third respondent, alleging that the vehicle was being used illegally for transporting earth. The learned counsel for the petitioner submits that the petitioner is ready to compound the offence.
2. Heard the learned Government Pleader as well.
3. The issue involved in this case is, whether the petitioner, who has been proceeded against in respect of the offences under the Mines and Mineral (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules is entitled to have the offence compounded in view of the desire expressed from his side in this regard.
4.
Heard the learned Government Pleader as well. 5.
Section 23A of the 'Act and the relevant Rules enable the parties to have the offence compounded. The Rules specifically stipulate that any offence under the Rules can be compounded
W.P.(C) No. 9335 of 2015 : 2 :
subject to the satisfaction of the maximum fine prescribed under the Rules, which is stated as Rs.5,000/-. But in respect of the transportation of sand/earth without any valid pass/sanction, it is stated as an offence under the 'Act' by virtue of the incorporation of Section 4(1A), for which separate penalty is provided under the 'Act' itself. It was in the said circumstance, that this Court has been passing various orders in similar matters enabling the concerned parties to have the interim custody of the vehicle on satisfaction of a sum of Rs.25,000/- and also by directing the concerned respondent to consider the application for compounding, if any.
6.
A question arose before this Court as to whether the prosecution proceedings could be pursued further, once the offence is compounded in accordance with the relevant provisions. This issue has already been considered and decided by this Court in 2013 (1) KLT 600 ( Digil v. Sub Inspector of Police), holding that, once the offence is compounded, there cannot be any further prosecution proceedings.
7. In view of the law declared as mentioned herein before, the petitioner is permitted to compound the offence, subject to satisfaction of a sum of Rs.25000/- as the compounding fee before
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the third respondent. Once the compounding fee is paid, no prosecution proceedings shall lie against the petitioner. The petitioner shall produce a copy of this judgment along with copy of the writ petition before the third respondent for further steps.
The writ petition is disposed of.
sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd