High Court of KeralaWP(C)/29603/2015disposed of

Anil Kumar v. The District Geologist

2015-09-30Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 WP(C).No. 29603 of 2015 (A) ---------------------------------------- PETITIONER(S):

---------------------- ANIL KUMAR, AGED 48 YEARS, S/O.SUGUNAN, ACHUTHAVILASAM, MARAVANTHURUTH P.O., KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT (OWNER OF A LORRY BEARING REGISTRATION NO.KL-08-AG-3167).

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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

THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KOTTAYAM DISTRICT-686608.

THE ADDITIONAL SUB INSPECTOR OF POLICE, THALAYOLAPARAMBU POLICE STATION, KOTTAYAM DISTRICT-686608.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29603 of 2015 (A) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------ P1:

COPY OF THE MAHASSAR DATED 22/9/15 PREPARED BY THE R2. RESPONDENTS' EXHIBIT ----------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.29603 of 2015 ****************************************************************************** Dated this the 30th day of September, 2015

JUDGMENT

The petitioner's vehicle bearing Reg.No.KL-08-AG-3167 has been seized alleging violation of the provisions of the Kerala Minor Mineral Concession Rules, 2015. The petitioner has approached this Court for seeking a direction to the second respondent to produce the vehicle before the first respondent.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

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

i) The second 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 petitioner to compound the offence at the fee fixed by him after adverting to the nature of offence committed by him.

W.P.(C) No.29603 of 2015 2 iii.

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.

iv. 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