High Court of KeralaWP(C)/18895/2014disposed of

Joshi v. The District Collector, Kottayam

2015-03-04Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 18895 of 2014 (J) ------------------------------------------ PETITIONER(S) :

------------------------- JOSHI, S/O.VARGHESE, CHETTIYADA, PULINCUNNU P.O, KUTTANAD, ALAPPUZHA BY ADV. SRI.P.SHANES METHAR RESPONDENT(S) :

-----------------------------

1. THE DISTRICT COLLECTOR, KOTTAYAM- 686 001.

2. THAHSILDAR, CHANGANASSERY TALUK, KOTTAYAM- 686 001.

3. VILLAGE OFFICER, CHETHIPPUZHA, CHANGANASSERY, KOTTAYAM- 686 001. BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 18895 of 2014 (J) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLE NO.KL 33/513.

P2:

TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED BY THE RTA, ALAPPUZHA P3:

TRUE COPY OF THE INSURANCE POLICY.

P4:

TRUE COPY OF THE SEIZURE MAHAZAR CLAIMED TO HAVE BEEN PREPARED BY THE 3RD RESPONDENT DATED 15/07/2014. P5:

TRUE COPY OF THE LETTER NO BIO-9344/14 DATED 17/07/2014. P6:

TRUE COPY CASH MEMORANDUM ISSUED BY ASSISTANT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOTTAYAM UNDER RULE 48K OF THE KERALA MINOR MINERAL CONCESSIONS RULES 1967.

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

Msd.

P.R. RAMACHANDRA MENON, J.

.............................................................................. ......................................................................... Dated this the 4th March, 2015

J U D G M E N T

The vehicle bearing No. KL.33/513 was seized by the third respondent/Village Officer alleging offence under the Mines and Mineral (Development and Regulation) Act and the Kerala Minor Mineral Concession Rules. The main ground of challenge is that, the third respondent/Village Officer is not having the jurisdiction or authority to effect seizure.

2. Heard both the sides.

3. The authority of the respondent to effect seizure has already been considered by this Court and the power and competence has been upheld as per the decision reported in Aloshias C. Antony Vs. Government of Kerala [2014(1) KLT 536]. The said decision was rendered, also taking note of the nature of offence which is a 'cognizable' one (notwithstanding anything contained in the Cr.P.C) as stipulated in Section 21(6) of MMDR Act, 1957 and also placing reliance on the judgment rendered by a Division Bench of this Court in Construction Materials Movers Association V. State of Kerala [2008 (4)

KLT 909]. In the said circumstance, there is no tenable ground to call for interference.

4. When the matter came up for consideration on 24.07.2014, the vehicle was caused to be released, on satisfaction of a sum Rs.25,000/- . In the said circumstance, the further course of action required is to surrender the vehicle before the third respondent/Village Officer, so as to enable the said respondent to produce it before the concerned Magistrate having jurisdiction over the area and to proceed with steps for prosecution, unless the offence is sought to be compounded.

5. The petitioner expresses desire to compound the offence by virtue of the enabling provisions under the relevant provisions of law. This Court finds it fit and proper to permit the petitioner to have the offence compounded on satisfying the compounding fee of Rs.25,000/-. The amount ordered to be paid as per the interim order dated 24.07.2014 shall be treated as compounding fee and offence shall be treated as compounded. Once the offence is compounded, no prosecution proceedings will lie in view of the law declared by this Court in Digil Vs. Sub Inspector of Police [2013(1) KLT 600]. It shall be reported to

the concerned Magistrate, if the crime has already been reported. If there is any failure in satisfying the compounding fee, the third respondent shall pursue further steps in connection with the prosecution before the concerned Magistrate having jurisdiction over the area.

The writ petition is disposed of.

P.R.RAMACHANDRA MENON JUDGE lk