High Court of KeralaWP(C)/12628/2015disposed of

K.Sreenivasan v. Sub Inspector Of Police

2015-04-17Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 17TH DAY OF APRIL 2015/27TH CHAITHRA, 1937 WP(C).No. 12628 of 2015 (C) ---------------------------- PETITIONER:

------------------ K.SREENIVASAN, AGED 48 YEARS, S/O. P. KALIYAPPAN, GOKULAM HOUSE, OLD STATE BANK COLONY, WEST TAMBARAM CHENNAI - 600 045.

BY ADVS.SRI.RAAJESH S.SUBRAHMANIAN SRI.V.R.RAJESH RESPONDENT:

--------------------- SUB INSPECTOR OF POLICE CHENGANNUR, ALAPPUZHA DISTRICT - 689 121.

BY GOVERNMENT PLEADER SMT. K.A. SANGEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12628 of 2015 (C) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE INVOICE DATED 21/01/2008 BEARING NO. 13500426 EVIDENCING PURCHASE OF THE EXCAVATOR. EXHIBIT P2 - TRUE COPY OF THE SEIZURE MAHAZAR DATED 07/04/2015 PREPARED BY THE RESPONDENT ALONG WITH ENGLISH TRANSLATION.

EXHIBIT P3 - TRUE COPY OF THE JUDGMENT DATED 10/10/2014 IN W.P(C) 26056/2014.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

DAMA SESHADRI NAIDU, J ------------------------------------- WP(C) NO. 12628 OF 2015 ------------------------------------ Dated this the 17th day of April, 2015

JUDGMENT

Petitioner's vehicle - an excavator - has been seized. Petitioner's case is that the vehicle has been seized alleging violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. He seeks to compound the offence under Rule 111 of the Kerala Minor Mineral Concession Rules, 1967.

In view of the above, there shall be a direction to the respondent to release the vehicle to the petitioner on his paying `25,000/- (Rupees Twenty five thousand only). Once the petitioner remits the amount, respondent shall release the vehicle to the petitioner forthwith. If any crime has been registered against the petitioner, the respondent shall report the composition of the offence before the competent Court. The Writ Petition is disposed of as above.

DAMA SESHADRI NAIDU JUDGE ncd