High Court of KeralaWP(C)/13484/2015disposed of

Manoj Kumar v. The Sub Inspector Of Police

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 13484 of 2015 (I) ---------------------------- PETITIONER(S) :- ------------------ MANOJ KUMAR, AGED 45 YEARS S/O KRISHNANKUTTY, KALLINGAL HOUSE, KANNAMPULLIPPURAM CHENTHRAPPINNY, KODUNGALLOOR, THRISSUR (OWNER OF LORRY BEARING REGISTRATION NUMBER KL-47B/5240) BY ADV. SRI.G.SANTHOSH KUMAR (P).

RESPONDENT(S) :- ------------------ THE SUB INSPECTOR OF POLICE KALADY POLICE STATION, ERNAKULAM DISTRICT, PIN 683542 BY GOVERNMENT PLEADER SRI.A.MOHAMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13484 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXHBIIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO KL-47B/5240.

EXHBIIT P2 TRUE COPY OF THE F.I.R IN CRIME NO 1157 ALONG WITH SEIZURE MAHAZAR DATED 27-04-2015 PREPARED BY THE RESPONDENT. EXHBITI P3 TRUE COPY OF THE JUDGMENT DATED 23-05-2013 IN W.P(C) NO 12868 OF 2013.

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

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.13484 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner's vehicle, bearing registration No.KL-47B/5240 has been seized for transporting ordinary earth without valid permit. The petitioner now express his willingness to compound the offence. 2.

If that be so, the petitioner is permitted to compound the offence on payment of `25,000/- (Rupees twenty-five thousand only). On payment as above, the respondent shall release the vehicle to the petitioner. Needless to say, once the offence is compounded, no prosecution proceedings shall be initiated against the petitioner in respect of the incident which led to the instant writ petition. The respondent shall report the composition before the competent jurisdictional magistrate by filing a final report. It is made clear that the vehicle shall be released to the petitioner only if the vehicle is involved in any offence compoundable under the Kerala Minor Mineral Concession Rules.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE Jvt