High Court of KeralaWP(C)/28770/2015disposed of

Ratheesh K.Nair v. Senior Geologist

2015-09-23Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 28770 of 2015 (U) ---------------------------- PETITIONER(S):

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1. RATHEESH K.NAIR, S/O.KRISHNANKUTTY NAIR, AYEVELIL HOUSE, SEETHATHODE.P.O., RANNI, PATHANAMTHITTA DISTRICT.

2. BINU KISHOR, S/O.ANIRUDHAN, PUTHUPARAMBIL HOUSE, KAKKATHODE, UPPUTHARA.

3. SAJU.P.JOHN, S/O.JOHN, PALLIVATHIKKAL HOUSE, SEETHAKKUZHY, SEETHATHODE.

4. BIJU ABRAHAM, S/O.V.T.THOMAS, VADAKKEVEEDU, URUMBINI, SEETHATHODE.

BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S):

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1. SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, ARANMULA, PATHANAMTHITTA - 689 645.

2. DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA - 689 645.

3. SUB INSPECTOR OF POLICE, CHITTAR POLICE STATION - 689 678.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28770 of 2015 (U) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE REGISTRATION CERTIFICATES OF THE VEHICLE BEARING REG.NO.KL-62-7618.

EXT. P2 :

TRUE COPY OF THE REGISTRATION CERTIFICATES OF THE VEHICLE BEARING REG.NO.KL-3-C-5829.

EXT. P3 :

TRUE COPY OF THE FIR IN CRIME NO.773/2015 PREPARED BY THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28770 of 2015 ****************************************************************************** Dated this the 23rd day of September, 2015

JUDGMENT

The first petitioner's vehicles bearing Reg.Nos.KL-62-7618 and KL-3-C-5829 have been seized alleging violation of the provisions of the Kerala Minor Mineral Concession Rules, 2015.

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

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

i) The third respondent shall report the seizure before the 1st respondent within two days from the date of receipt of a copy of this judgment.

ii)The first respondent shall permit the petitioners to compound the offence at the fee fixed by them after adverting to the nature of offence committed by them.

It is made clear that the direction in the judgment would be applicable only if the petitioner has contravened Kerala Minerals

W.P.(C) No.28770 of 2015 2 (Prevention of illegal Mining, Storage and Transportation) Rules, 2015 or the Kerala Minor Mineral Concession Rules, 2015. Needful shall be done by the first respondent within two days. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln