High Court of KeralaWP(C)/26468/2013disposed of

Prathapan v. The District Collector

2015-02-27Honourable Mr.Justice P.R.Ramachandra Menon5 pages

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. 26468 of 2013 (G) ---------------------------- PETITIONER :

--------------------- PRATHAPAN, AGED 30 YEARS S/O.GOPI, SREEKRISHNA VILASAM, THOTTAPPALLY P.O. AMBALAPPUZHA, ALAPPUZHA DISTRICT.

BY ADV. SRI.P.SHANES RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR KOTTAYAM, KOTTAYAM DISTRICT-686001.

2. THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.

3. THE SUB INSPECTOR OF POLICE VAKATHANAM POLICE STATION, KOTTAYAM-686135.

4. THE VILLAGE OFFICER, VAKATHANAM, VAKATHANAM, KOTTAYAM DISTRICT-686135.

R1 TO R4 BY GOVT. PLEADER SRI. M. MUHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 26468 of 2013 (G) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

-------------------------------------- EXHIBIT P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE REGISTRATION NO.KL-29-1327.

EXHIBIT P2 : TRUE COPY OF THE GOODS CARRIAGE PERMIT OF THE SAID VEHICLE ISSUED ON 17-12-2010.

EXHIBIT P3 : TRUE COPY OF THE LICENCE ISSUED TO SMT.MOLLY CHACKO UNDER RULE 4(1) OF THE KMMC RULES.

EXHIBIT P4 : TRUE COPY OF THE CASH MEMORANDUM ISSUED IN FAVOUR OF THE PETITIONER IN FORM - P IN TERMS OF RULE 48K OF KMMC RULES. EXHIBIT P5 : TRUE COPY OF THE SCENE MAHAZAR PREPARED BY THE 4TH RESPONDENT DT.21-10-2013.

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

P.R. RAMACHANDRA MENON, J.

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

JUDGMENT

The vehicle bearing No. KL-29-1327 was seized by the 3rd respondent alleging offence under the MMDR Act/KMMC Rules. The main ground of challenge is that, the 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 29.10.2013, 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 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 29.10.2013 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 compounding the offence, the respondent shall pursue further steps to seize the vehicle and proceed with steps for prosecution.

The writ petition is disposed of.

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