Antony Varghese v. The Chief Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 WP(C).No. 25319 of 2013 (L) ---------------------------- PETITIONER:

-------------------- ANTONY VARGHESE, NALPATHAMKALAM, MANCOMBU P.O., ALAPPUZHA.

BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR).

RESPONDENTS:

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

1. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. DISTRICT COLLECTOR, KOTTAYAM-686 001.

3. REVENUE DIVISIONAL OFFICER KOTTAYAM-686 001.

4. VILLAGE OFFICER, CHANGANASSERY-686 046.

5. DIRECTOR OF MINING AND GEOLOGY, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-695 001.

BY GOVT. PLEADER SMT.ANITHA RAVINDRAN.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 25319 of 2013 (L) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REG.NO.KL-4 Z -5417.

EXHIBIT P2: TRUE COPY OF REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REG.NO.KL-24-251.

EXHIBIT P3: TRUE COPY OF MAHAZAR PREPARED BY THE VILLAGE OFFICER, CHANGANASSERY.

EXHIBIT P4: TRUE COPY OF THE NOTIFICATION ISSUED UNDER SRO/827/91 PUBLISHED ON 26.06.1991.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

P.R. RAMACHANDRA MENON, J.

--------------------------------------- --------------------------------------- Dated this the 27th day of February, 2015

JUDGMENT

The vehicles bearing Nos.KL-4-Z-5417 and KL-24-251 belonging to the petitioner were seized by the 4th 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 4th respondent 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 18.10.2013, the vehicles were caused to be released, on satisfaction of a sum Rs.25,000/- for each vehicle and on executing a simple bond. In the said circumstance, the further course of action required is to surrender the vehicles before the concerned respondent, so as to enable the 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/- for each vehicle. The amount ordered to be

paid as per the interim order dated 18.10.2013 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 concerned 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.

Sd/- P. R. RAMACHANDRA MENON, JUDGE sp