Sojan Francis v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 WP(C).No. 10332 of 2014 (N) ------------------------------------ PETITIONER(S)/PETITIONER:
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1. SOJAN FRANCIS THURUTHEL HOUSE, EDATHUA P O, ALAPPUZHA DISTRICT
2. JOSEPH K T, S/O.JOSEPH THOMAS, KARUVADI HOUSE, KUNTHRICKAL, EDATHUA P O, ALAPPUZHA DISTRICT BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S)/RESPONDENTS:
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1. STATE OF KERALA REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001
2. DISTRICT COLLECTOR KOTTAYAM-689 001
3. DISTRICT POLICE CHIEF KOTTAYAM-689 001
4. THE SUB INSPECTOR OF POLICE,THRIKKODITHANAM CHANGANASSERY-689 101
5. DIRECTOR OF MINING AND GEOLOGY, DEPARTMENT OF MINING AND GEOLOGY THIRUVANANTHAPURAM-695 001
6. THE ASST.ENGINEER O/O. ASST ENGINEER, ROADS SECTION, EDATHUA ALAPPUZHA-686 001 R1 TO R5 BY ADV. GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10332 of 2014 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:-TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHILE NO KL-4-Z- 7775 OF 1ST PETITIONER EXHIBIT P2:-TRUE COPY OF THE LETTER DTD 19/9/2013 OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA EXHIBIT P3:-TRUE COPY OF P -FORM DTD 18/2/2014 ISSUED BY THE DEALER EXHIBIT P4:-TRUE COPY OF THE MAHAZAR PREPARED BY THE SUB INSPECTOR OF POLICE, THRIKKODITHANAM EXHIBIT P5:-TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT ON 11/3/2014 EXHIBIT P6:-TRUE COPY OF THE LETTER DTD 5/4/2014 OF THE 6TH RESPONDENT EXHIBIT P7:-TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONDITION OF THE ROAD EXHIBIT P8:-TRUE COPY OF THE GO(P)33/13 DTD 2/4/2013 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE
K.VINOD CHANDRAN, J.
--------------------------------------- W.P.(C).No.10332 of 2014 ---------------------------------------- Dated this the 12th day of August, 2015
JUDGMENT
The petitioners are concerned with the seizure of the vehicles for an offence alleged under the Kerala Minor Mineral Concession Rules, 1967. The petitioners were granted release of the vehicles on payment of Rs.25,000/-. Going by the decisions in Digil V.Sub Inspector of Police [2013 (1) KLT 600] and Sivakumar V. State of Kerala and Another [2013 KHC 2757], the petitioners shall be allowed compounding if Rs.25,000/- has been paid and no further proceedings shall be taken against the petitioners.
The writ petition is allowed.
Sd/- K.VINOD CHANDRAN JUDGE