High Court of KeralaWP(C)/28724/2015disposed of

Shaji v. The District Geologist

2015-09-225 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).No. 28724 of 2015 (M) ---------------------------- PETITIONER(S):

-------------- SHAJI, AGED 42 YEARS, S/O. SHAIKMYTHEEN, THAYYILVADAKKATHIL, A.K.KULANGARA, NOORANAD, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN:690 501.

BY ADV. SRI.M.G.SREEJITH.

RESPONDENT(S):

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

1. THE DISTRICT GEOLOGIST, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-690 537.

2. THE THAHASILDAR, ADOOR, PATHANAMTHITTA DISTRICT-690 501.

3. THE VILLAGE OFFICER, ENADIMANGALAM, PATHANAMTHITTA DISTRICT-690 501.

4. THE SHO ADOOR, PATHANAMTHITTA DISTRICT-690501.

BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

WP(C).No. 28724 of 2015 (M) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXHIBIT P1: TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 24/02/2010. EXHIBIT P2: TRUE COPY OF THE PERMIT DATED 16.3.2015. EXHIBIT P3: TRUE COPY OF THE REPORT DATED 15.9.2015. RESPONDENT(S)' EXHIBITS :

----------------------- NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 28724 of 2015 ---------------------------------------- Dated this the 22nd day of September, 2015

J U D G M E N T

Petitioner is the owner of the vehicle (Tipper) bearing Registration No.KL-13-U-4098. Petitioner submits that his 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. Petitioner also submits that he is prepared to compound the offence. In view of the above, there shall be a direction to the fourth respondent to report the seizure before the first respondent within a period of three days from the date of receipt of a copy of this judgment. Thereafter, if the first respondent finds that it is compoundable under the Kerala Minor Mineral Concession Rules,1967, he shall permit the petitioner to compound the offence on the compounding fee fixed by him after adverting to the nature of the offence. Needful shall be done by the

WP(C).NO.28724 OF 2015 :-2-:

first respondent within a period of three days thereafter. This writ petition is disposed of with the above direction. sd/- A.MUHAMED MUSTAQUE, Judge MBS/

WP(C).NO.28724 OF 2015 :-3-: