High Court of KeralaWP(C)/28860/2015disposed of

Unnikrishnan M v. Station House Officer

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. 28860 of 2015 (F) --------------------------------------- PETITIONER(S):

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

UNNIKRISHNAN M., AGED 44 YEARS, S/O.CHANDRAN, RESIDING AT MANCHEERI HOUSE, KARAKURSHI, MANNARKKAD, PALAKKAD DISTRICT.

PRAKASH DUNG DUNG, S/O.PETER DUNG DUNG, AGED 26 YEARS, RATHAMPUR, GOLAGHAT, ASSAM.

BY ADV. SRI.C.M.KAMMAPPU RESPONDENT(S):

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

STATION HOUSE OFFICER, KALLADIKKODU POLICE STATION, PALAKKAD DISTRICT - 679 001.

DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD - 699 001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 28860 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF MAHAZAR DTD.19.9.2015 PREPARED BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28860 of 2015 ****************************************************************************** Dated this the 23rd day of September, 2015

JUDGMENT

The first petitioner is the driver of Tipper Lorry bearing Reg.No.KL-46-A-3079 and the second petitioner is the driver of JCB bearing Reg.No.KL-51-E- 5436 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 first respondent shall report the seizure before the second respondent within two days from the date of receipt of a copy of this judgment.

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

W.P.(C) No.28860 of 2015 2 It is made clear that the direction in the judgment would be applicable only if the petitioner has contravened Kerala Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015 or the Kerala Minor Mineral Concession Rules, 2015. Needful shall be done by the second respondent within two days. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln