High Court of KeralaWP(C)/23925/2015disposed of

Chellesh v. The Inspector Of Police, Nenmara Police Station

2015-08-07Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 23925 of 2015 (M) ---------------------------- PETITIONER :

--------------------- CHELLESH S/O.MAYANDI, AGED 39 YEARS KOVIL HOUSE, NENMARA P.O., VALLANGHY VILLAGE, CHITTOOR TALUK PALAKKAD DISTRICT (OWNER OF JCB BEARING REGISTRATION NO.KL.03.G.9958) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S) :

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

1. THE INSPECTOR OF POLICE, NENMARA POLICE STATION, PALAKKAD DISTRICT, PIN - 678508.

2. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. *ADDL. R3 IMPLEADED ---------------------------------- *ADDL. R3. SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, PALAKKAD *IS SUO MOTU IMPLEADED AS 3RD RESPONDENT PER ORDER DATED 07/08/2015.

R1, R2 & ADDL. R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 23925 of 2015 (M) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1.

COPY OF THE MAHASSAR DATED 8.7.15 PREPARED BY THE FIRST RESPONDENT.

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

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 23925 of 2015 M - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07th day of August, 2015

J U D G M E N T

The petitioner in the above writ petition is aggrieved with the seizure of his vehicle bearing registration No. KL 03G 9958 for alleged commission of offence under the Kerala Minor Mineral Concession Rules 2015( for short KMMC Rules) and Mines and Mineral (Development and Regulation ) Act, 2015. The petitioners contend that the petitioners would not seek for compounding and is ready to face prosecution.

2. In such circumstance, the respondent shall produce the vehicle before the Jurisdictional Magistrate, within two weeks. The petitioner is entitled to move an application before the Jurisdictional Magistrate for interim custody. The condition to be imposed is left to the discretion of the Jurisdictional Magistrate.

3. The petitioner if applying for compounding shall be permitted to do so only on payment of Rs.50,000/- (Rupees fifty thousand only) as also double the amount of royalty and the price

WPC.No.23925/2015 : 2 :

of the mineral illegally transported as determined by the Geologist on an assessment of the maximum quantity that could be transported in the goods vehicle which had been seized. Writ petition would stand disposed of with the above directions.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge