Pottayil Hamza v. The Sub Inspector Of Police, Tirur
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 10924 of 2015 (M) ---------------------------- PETITIONER(S):
-------------------------- POTTAYIL HAMZA, S/O.ALAVI HAJI, POTTAYIL HOUSE, POLISSERY, TRIPRANGODE, TIRUR-676 102, (REGISTERED OWNER OF VEHICLE BEARING REG. NO.KL/55/H-2232 (GOODS CARRIAGE). BY ADV. SRI.K.K.MOHAMED RAVUF.
RESPONDENT(S):
----------------------------
1. THE SUB INSPECTOR OF POLICE, TIRUR, MALAPPURAM DISTRICT.
2. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT-676 101.
BY SR. GOVT. PLEADER SRI.K.C. VINCENT.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 10924 of 2015 (M) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE REGISTRATION CERTIFICATE OF PETITIONER'S GOODS CARRIAGE BEARING REG. NO.KL-55/H-2232.
EXT.P2 COPY OF THE MAHAZAR PREPARED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.A. TO JUDGE rs.
P.R. RAMACHANDRA MENON, J.
--------------------------------------- --------------------------------------- Dated this the 01st day of April, 2015
JUDGMENT
The petitioner's vehicle bearing Registration No.KL-55/H2232 (Goods Carriage) has been been seized by the first respondent on 31.03.2015, alleging that the above vehicle was being used for extraction and loading of 'red earth'.
2. The learned Counsel for the petitioner submits that the petitioner is ready to compound the offence and that an opportunity might be given to get the vehicle released, after satisfying the compounding fee.
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, 2015 is entitled to have the offence compounded in view of the desire expressed from the part of the petitioner 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 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, there will be a direction to the respondents to consider the application filed by the petitioner to compound the offence; and pass appropriate orders forthwith, subject to satisfaction of a sum of Rs.25000/- as the compounding fee. Once the offence is compounded, no prosecution proceedings shall lie against the petitioner.
The petitioner shall produce a copy of this judgment, along with a copy of this writ petition, before the respondents, for further steps.
The writ petition is disposed of.
Sd/- P.R. RAMACHANDRA MENON, JUDGE sp