High Court of KeralaWP(C)/28926/2015disposed of

Sreeni v. The District Collector

2015-09-234 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. 28926 of 2015 (M) ---------------------------- PETITIONER :

---------------------- SREENI, AGED 41 YEARS, S/O.SUKUMARAN, SREENANDANUM HOUSE, KUTTENPEROOR MURI, MANNAR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.

BY ADV. SRI.AJITH MURALI RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, ALAPPUZHA, ALAPPUZHA DISTRICT - 688 001.

2. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, ALAPPUZHA DISTRICT -689 121.

3. THE SUB INSPECTOR, MANNAR POLICE STATION, ALAPPUZHA DISTRICT- 688 001.

4. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PATHANAMTHITTA DISTRICT -689 645.

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

sts

WP(C).No. 28926 of 2015 (M) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - THE TRUE COPY OF THE MAHZER PREPARED BY THE 3RD RESPONDENT DATED 15.09.2015 P2 - THE TRUE COPY OF THE ORDER NO.304/2015-16/1444/DOPTA/M/2015 DATED 08.09.2015 ISSUED BY THE 4TH RESPONDENT.

P3 - THE TRUE COPY OF THE PASS ISSUED BY THE 4TH RESPONDENT DATED 15.09.2015 P4 - THE TRUE COPY OF THE REGISTRATION CERTIFICATE. P5 - PHOTO COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.09.2015 RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 28926 of 2015 ================== Dated this the 23rd day of September, 2015

J U D G M E N T

Petitioner is the owner of the vehicle (Tipper Lorry) bearing Registration No.KL-40-C-9927. The petitioner submits that his vehicle has been seized for 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 third respondent to report the seizure before the fourth respondent within a period of two days from the date of receipt of a copy of this judgment. Thereafter, if the fourth 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 fourth respondent within a period of two days thereafter.

The writ petition is disposed of with the above direction. sd/- sab A.MUHAMED MUSTAQUE, JUDGE

W.P.(C).No. 28926 of 2015 - : 2 :-