Sobhana v. The Chief Secretary
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 26177 of 2013 (V) ------------------------------------------ PETITIONER(S) :
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1. SOBHANA, AGED 52 YEARS, W/O.SOMAN, SREEBHAVANAM HOUSE, PONNETH NORTH, MUTTOM P.O., CHAPPAD VILLAGE, ALAPPUZHA DISTRICT.
2. SUMESH, AGED 28 YEARS, S/O.SUDHAKARAN, REMA BHAVANAM, KARIPUZHA P.O, MAVELIKKARA, ALAPPUZHA.
BY ADV. SMT.ANITHA M.N. (EKM) RESPONDENT(S) :
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1. THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT.SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT-686 001.
3. DISTRICT POLICE CHIEF, KOTTAYAM DISTRICT-686 001.
4. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM DISTRICT-686 001.
5. THE TAHSILDAR, CHANGANASSERY, KOTTAYAM DISTRICT-686 101.
6. THE VILLAGE OFFICER, VAKATHANAM VILLAGE, KOTTAYAM DISTRICT-686 568.
7. THE SUB INSPECTOR OF POLICEM VAKATHANAM POLICE STATION, KOTTAYAM DISTRICT-686 568.
8. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, COLLECTORATE P.O., KOTTAYAM-686 101.
BY SR.GOVERNMENT PLEADER SMT.ANITHA RAVEENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 26177 of 2013 (V) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :
A TRUE COPY OF THE R.C PARTICULARS OF THE SAID VEHICLE. P2 :
A TRUE COPY OF THE SEIZURE MAHAZAR PREPARED BY THE 6TH RESPONDENT DATED 21.10.2013.
P3 :
A TRUE COPY OF THE REPORT FILED BEFORE THE 5TH RESPONDENT DATED 21.10.2013.
P4 :
A TRUE COPY OF THE RELEVANT PAGES OF THE PERMIT HAVING NO.193/OE/QP/2013-2014/1014/DOY/ML/2013 DATED 09.10.2013. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
P.R. RAMACHANDRA MENON J.
--------------------------------------- W.P.(C) No.26177 of 2013 ---------------------------------------- Dated, this the 3rd day of March, 2015
JUDGMENT
The vehicle bearing No.KL-06-E-4923 was seized by the 6th respondent 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 respondents are 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
W.P. (C) No.26177 of 2013 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 25.10.2013, the vehicle was caused to be released, on satisfaction of a sum Rs.25,000/- and on execution of a simple bond. In the said circumstance, the further course of action required is to surrender the vehicle 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/-. The amount ordered to be paid as per the interim order dated 25.10.2013 shall be treated as
W.P. (C) No.26177 of 2013 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 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 rkc