High Court of KeralaWP(C)/18719/2014disposed of

Anu v. The Revenue Divisional Officer

2015-02-06Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 18719 of 2014 (L) ---------------------------- PETITIONER:

---------- ANU, AGED 29 YEARS S/O.BABU, VELUTHEDATHU, SREEMOOLANAGARAM CHOVVARA VILLAGE, ALUVA TALUK ERNAKULAM DISTRICT(OWNER OF LORRY BEARING REGISTRATION NO KL-7-AZ-4138) BY ADV. SRI.P.M.ZIRAJ RESPONDENTS:

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1. THE REVENUE DIVISIONAL OFFICER FORTKOCHI, ERNAKULAM DIST, PIN-682001

2. THE VILLAGE OFFICER CHENGAMANAD, ERNAKULAM DIST, PIN-682301

3. THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, ERNAKULAM DIST R BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18719 of 2014 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1:- TRUE COPY OF THE SEIZURE MAHASSAR DTD 16/7/2014 PREPARED BY THE 2ND RESPONDENT.

P2:-TRUE COPY OF THE CASH MEMORANDUM DTD 16/7/2014 ISSUED BY THE VEHICLE OF THE PETITIONER.

P3:-TRUE COPY OF THE GO(MS)NO 20/14/ID DTD 12/2/2014 ISSUED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIAL DEPARTMENT, GOVERNMENT OF KERALA.

P4:-TRUE COPY OF THE INTERIM ORDER DTD 7/4/2014 IN WPC NO 8183 OF 2014 OF THIS HONOURABLE COURT.

RESPONDENT(S)' EXHIBITS: NIL ----------------------- TRUE COPY PA TO JUDGE SCL.

A.V.RAMAKRISHNA PILLAI, J.

--------------------------------- W.P.(C) No.18719 of 2014 ------------------------------- Dated this the 6 th day of February, 2015.

JUDGMENT

The petitioner is the owner of a lorry bearing Reg.No.KL-07-AZ-4138. The vehicle was seized on 16.7.2014 by the second respondent under Section 4 r/w 21 of the Kerala Minor Mineral Concession Rules, 1967, on the allegation that the vehicle was used for mining red earth as per Ext.P1 Seizure Mahassar. The petitioner alleges that the second respondent is not an authorized officer specially empowered for seizure under Section 21(4) of the Mines and Minerals (Development and Regulation) Act or the Rules framed thereunder. Therefore, according to the petitioner, the seizure of the vehicle by the second respondent is illegal and beyond his jurisdiction. It is with this background, the petitioner has come up before this Court.

This Court, by interim order dated 21.7.2014, ordered release of the vehicle bearing Reg.No.KL-07-AZ-4138

W.P.(C) No.18719 of 2014 -2on payment of 25,000/- (Rupees twenty five thousand only) ₹ to the petitioner.

This Court is of the view that the writ petition can be disposed of permitting the petitioner to compound the offences. If the petitioner is ready to compound the offences, he shall file a compounding petition within a period of one month from the date of receipt of a copy of this judgment. In the event of filing the compounding petition, the second respondent shall appropriate the amount deposited by the petitioner towards fine, to be paid by him. After compounding the offences, the second respondent shall report the fact to the Magistrate's Court concerned so that further proceedings could be dropped.

The writ petition is disposed of as above.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE Scl.