High Court of KeralaWP(C)/28312/2015disposed of

Mustafa v. The State Of Kerala

2015-09-174 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 WP(C).No. 28312 of 2015 (L) ---------------------------- PETITIONERS:

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1. MUSTAFA, AGED 37 YEARS S/O.MUHAMMAD, VARIYATH VALAPPIL HOUSE, ANAKKARA P.O PALAKKAD DISTRICT.

2. AYOOB P.P, AGED 30 YEARS, S/O.KUNHUMUHAMMED, PADINJAREPIDIKAYIL HOUSE THRITHALA P.O, PATTAMBI, PALAKKAD DISTRICT.

BY ADV. SRI.K.DILIP RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001.

2. THE SUB INSPECTOR OF POLICE THRITHALA POLICE STATION, 679 534.

3. THE SENIOR GELOGIST DEPARTMENT OF MINING AND GELOLGY PALAKKAD 688 001. R BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28312 of 2015 (L) APPENDIX PETITIONER(S)'S EXHIBITS:

---------------------- EXHIBIT P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING NO.KL-11-K-1007 DATED 10.2.2006. EXHIBIT P2: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING NO.KL-52-E-1626 DATED 28.9.2012. EXHIBIT P3: TRUE COPY OF THE SEIZURE MAHAZAR DATED 14.9.2015. RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

A. MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C) No.28312 of 2015 -------------------------------------- Dated this the 17 th day of September, 2015.

JUDGMENT

Petitioners' vehicle bearing Reg.No.KL-11 X-1007 and KL52-E-1626 have been seized alleging violation of the provisions of the the Kerala Minor Mineral Concession Rules, 2015. 2.

Heard the learned Counsel for the petitioners and the learned Government Pleader.

Considering the facts and circumstances, the following directions are issued:

i) The second respondent shall report the seizure before the third respondent within two days from the date of receipt of a copy of this judgment.

ii) Thereafter, the third respondent on the application made by the petitioners shall permit the petitioners to compound the offence at the fee fixed by him after adverting to the nature of offence committed by him. It shall be done within a further period of two days.

W.P.(C) No.28312 of 2015 -2iii) It is made clear that the direction in the judgment would be applicable only if the petitioners have contravened the Kerala Minor Mineral Concession Rules, 2015 and the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE Scl.