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High Court of KeralaWP(C)/28389/2015disposed of

Omana v. State Of Kerala

2015-09-18Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 28389 of 2015 (W) ---------------------------- PETITIONER(S) :

-------------------------- 1.

OMANA W/O. RAJENDRAN, AGED 61 YEARS VATTATHARA HOUSE, CHOTTY KARA CHITTADY P.O., KANJIRAPALLY TALUK KOTTAYAM DISTRICT.

2.

JOJAN KURIAN S/O. KURIYAKOSE M.J., MANJANANICKAL HOUSE CHITTADY P.O., CHOTTY KARA KANJIRAPALLY TALUK KOTTAYAM DISTRICT.

BY ADV. SRI.A.C.DEVASIA RESPONDENT(S) :

---------------------------- 1.

STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2.

SUB INSPECTOR OF POLICE KANJIRAPALLY POLICE STATION KANJIRAPALLY, KOTTAYAM DISTRICT - 686 001.

3.

ADDL. DISTRICT MAGISTRATE COLLECTORATE, KOTTAYAM KOTTAYAM DISTRICT - 686 001.

R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 28389 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE INVOICE ISSUED IN FAVOUR OF SABU MATHEW DATED 25/9/2010 AND SALE AGREEMENT DATED 21/2/2015. EXT.P2 COPIES OF THE CERTIFICATE OF REGISTRATION DATED 14/8/2009, TRUE COPY OF THE TAX PAID RECEIPT DATED 01/04/2015, TRUE COPY OF THE POLLUTION CONTROL CERTIFICATE DATED 31/7/2015, TRUE COPY OF THE FITNESS CERTIFICATE DATED 31/7/2015, TRUE COPY OF THE GOODS CARRIAGE PERMIT DATED 5/9/2014, TRUE COPY OF THE ELECTRIC SPEED LIMITATION DEVICE DATED 12/8/2009, TRUE COPY OF THE INSURANCE DATED 15/8/2015.

EXT.P3 COPY OF THE BUILDING PERMIT DATED 7/8/2015.

EXT.P4 COPY OF THE MAHAZAR DATED 14/9/2015.

EXT.P5 COPY OF THE REPRESENTATION DATED 15/9/2015.

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

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 28389 of 2015 ---------------------------------------- Dated this the 18th day of September, 2015

J U D G M E N T

First petitioner is the owner of a hitachi bearing machine serial No.HHIHN102TA0000644 Hunyadi Hydraulic excavator model R80-7. Petitioners submit that their vehicle has been seized in contravention of the provisions of Kerala Minor Mineral Concession Rules,1967 and the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation)Rules,2015. Petitioners also submit that they are prepared to compound the offence. In view of the above, there shall be a direction to the second respondent to report the seizure before the District Collector, Kottayam within a period of three days from the date of receipt of a copy of this judgment. Thereafter, the District Collector, if it is compoundable under the Kerala Minor Mineral Concession Rules,1967, shall permit the petitioners to compound the offence on the compounding fee fixed by

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the District Collector after adverting to the nature of the offence. Needful shall be done by the District Collector within a period of three weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of with the above direction. A.MUHAMED MUSTAQUE, Judge MBS/

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