Mohanan D. v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 29152 of 2015 (T) ------------------------------------------ PETITIONER(S) :

------------------------- MOHANAN D., AGED 53 YEARS, S/O.DAMODHARAN, VARAVUTHARAYIL HOUSE, THURUTHIMEL, NEDUVARAMCODE MURI, CHERYANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.

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

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

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

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

3. THE SUB INSPECTOR, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT- 689 121.

4. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ALAPPUZHA, ALAPPUZHA DISTRICT- 688 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 29152 of 2015 (T) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: THE TRUE COPY OF THE REPORT AND MAHAZER PREPARED BY THE 3RD RESPONDENT DATED 10.09.2015.

EXHIBIT P2: THE TRUE COPY OF THE REGISTRATION CERTIFICATE. RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 29152 of 2015 ---------------------------------------- Dated this the 25th day of September, 2015

J U D G M E N T

Petitioner is the owner of a JCB bearing Registration No.KL-30-B-7629. 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

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

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