High Court of KeralaWP(C)/14717/2015disposed of

Faisal v. The Sub Inspector Of Police

2015-05-19Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 19TH DAY OF MAY 2015/29TH VAISAKHA, 1937 WP(C).No. 14717 of 2015 (L) ---------------------------- PETITIONER(S):

-------------------------- FAISAL, S/O.IBRAHIM AGED 28 YEARS PUVATHUKUNNEL, MEVALLOOR P.O, VELLOOR VILLAGE VAIKOM TALUK, KOTTAYAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-03-M-2268) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

---------------------------- THE SUB INSPECTOR OF POLICE VAIKOM POLICE STATION, KOTTAYAM DISTRICT-686 609. R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14717 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE FIRST INFORMATION NO.833 DATED 11.5.2015 OF VAIKOM POLICE STATION.

EXT.P2 - TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 8.4.2015 IN WPC. NO.11214 OF 2015.

RESPONDENT(S)' EXHIBITS:

NIL.

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.14717 OF 2015 (L) ----------------------------------- Dated this the 19th day of May, 2015

J U D G M E N T

A lorry bearing registration No.KL-03-M-2268 belonging to the petitioner was seized by the respondent on 11.05.2015 on the allegation that it was used for transporting ordinary earth without any authority and permission. The averments in the mahazar suggests that the vehicle was seized for contravening the relevant provisions of the Mines and Minerals (Development and Regulation) Act, 1957/Kerala Minor Mineral Concession Rules. Counsel for the petitioner submits that the petitioner has desirous of getting the offence compounded, and therefore, the vehicle be released after accepting the compounding fee.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondent. It is stated that the offence involved is under the Mines and Minerals (Development and Regulation) Act/Kerala Minor Mineral Concession Rules and no offence under the Kerala Conservation of Paddy Land and Wet Land

W.P.(C).No.14717/2015 Act, 2008 or Sand Act is involved. I have also taken note of Ext.P2 judgment that was rendered by this Court in identical circumstances.

3. In view of the willingness expressed by counsel for the petitioner to have the offence compounded, I direct the respondent to permit the petitioner to compound the offence, on the petitioner paying an amount of Rs.25,000/- in respect of the vehicle in question. On the petitioner remitting the said compounding fee, the respondent shall release the vehicle to the petitioner forthwith. Needless to say, once the offence is compounded, no prosecution proceedings shall be pursued against the petitioner.

The writ petition is disposed accordingly. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the respondent for further steps.

A.K.JAYASANKARAN NAMBIAR JUDGE prp