Hamsa v. Deputy Tahsildar (Inspection), Ottapalam

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. 27381 of 2014 (W) ---------------------------- PETITIONER(S):

-------------------------- HAMSA, S/O.ALAVI HAJI, AGED 54 YEARS, VADAKKATTUVALAPPIL HOUSE, KALADY.P.O., KALADY VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT. (OWNER OF LORRIES BEARING REGISTRATION NOS.KL-54-D-5495, KL-10-Y-4296, KL-54-A-2396, KL-10-V-1488, KL-09-S-8003 AND JCB BEARING REGISTRATION NO.KL-54-D-4616) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

---------------------------- DEPUTY TAHSILDAR (INSPECTION), OTTAPALAM TALUK OFFICE, PALAKKAD DISTRICT, PIN-678 671. BY ADV.SMT.ANITHA RAVINDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27381 of 2014 (W) APPENDIX PETITIONER'S EXHIBITS:

----------------------------------- EXHIBIT-P1-TRUE COPY OF THE SEIZURE MAHAZAR DATED 16.10.2014 PREPARED BY THE RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- R.AV //TRUE COPY// PA TO JDUGE

P.R. RAMACHANDRA MENON, J.

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

J U D G M E N T

The vehicles bearing No. KL.54/D-5495, KL.10 Y/4296, KL.54A.2396, KL.10V.1488 KL.09.S.8003 and KL.54D.4616 were seized by the respondent/Deputy Tahsildar on 16.10.2014 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 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 20.10.2014, the vehicles were caused to be released, on satisfaction of a sum Rs.25,000/- and on execution of a simple bond for each vehicle. 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/- for each vehicle. The amount ordered to be paid as per the interim order dated 20.10.2014 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 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