High Court of KeralaWP(C)/13855/2015disposed of

Sanil Devassy v. Sub Inspector Of Police, Angamaly Police Station

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13855 of 2015 (F) ---------------------------- PETITIONER:

------------------- SANIL DEVASSY, AGED 36, S/O DEVASSY, PALLIYAN HOUSE, PULIYANAM P.O., PEECHANIKAD, ANGAMALY, ERNAKULAM.

BY ADVS.SRI.S.RENJITH SRI.S.UNNIKRISHNAN (NELLAD) RESPONDENT:

---------------------- SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ANGAMALY, ERNAKULAM DISTRICT-683572.

BY GOVERNMENT PLEADER SRI.P.FAZAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 13855 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

COPY OF THE REGISTRATION CERTIFICATE OF THE EARTH MOVER JCB BEARING NO.KL-63-A-8232.

EXHIBIT P2:

COPY OF THE FIR DATED 4.5.2015 IN CRIME NO.864 OF 2015 OF ANGAMALY POLICE STATION.

EXHIBIT P3:

COPY OF THE JUDGMENT IN WPC NO.8580 OF 2015 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.13855 of 2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of May, 2015

J U D G M E N T

The petitioner's JCB bearing registration No.KL-63-A-8232 have been seized alleging violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. Petitioner seeks to compound the offence under Rule 60A (1) of the Kerala Minor Mineral Concession Rules, 1967 before the Sub Inspector of Police. 2.

There shall be a direction to the respondent to permit the petitioner to compound the offence on payment of Rs.25,000/- (Rupees twenty-five thousand only) in respect the above vehicle. There shall be a further direction to the respondent to release the vehicle to the petitioner, on payment as above. 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. If a report has already been lodged in the competent criminal court, a further report to the effect that the offence has been compounded shall also be filed. The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms