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High Court of KeralaWP(C)/29850/2015disposed of

Syed Muhammed v. The District Geologist

2015-10-01Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 29850 of 2015 (E) ---------------------------- PETITIONER :

--------------------- SYED MUHAMMED S/O. KOCHAHAMMED, AGED 50 YEARS PAREKKATTIL HOUSE, EDATHALA P.O., KIZHAKKAMBALAM VILLAGE KUNNATHUNADU TALUK, ERNAKULAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-40-A-7073).

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

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

THE DISTRICT GEOLOGIST ERNAKULAM DISTRICT, PIN -682 030.

2.

THE SUB INSPECTOR OF POLICE ALUVA EAST POLICE STATION, ERNAKULAM DISTRICT PIN - 682 101.

R1 & R2 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 29850 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE MAHASSAR DATED 27.9.2015 PREPARED BY THE SECOND RESPONDENT IN CONNECTION WITH THE SEIZURE OF THE VEHICLE OF THE PETITIONER.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.29850 of 2015 ****************************************************************************** Dated this the 1st day of October, 2015

JUDGMENT

The petitioner's vehicle bearing Registration No.KL-40-A7073 has been seized by the second respondent alleging transportation of minor minerals. The petitioner's case is that it is a building waste and not a minor minerals.

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

i. The second respondent shall report the seizure before the first respondent within two days from the date of receipt of a copy of this judgment. ii. The first respondent shall verify whether the transported item is minor minerals or building waste.

iii.

If it is building waste, the vehicle shall be released to the petitioner without any conditions. iv.

If it is minor minerals, the first respondent is free to proceed against the petitioner in accordance with law.

W.P.(C) No.29850 of 2015 2 v.

If the petitioner is expressed his willingness to compound the offence, the first respondent shall also permit the petitioner to compound the offence on the compounding fee fixed by him.

vi.

Needful shall be done by the second respondent within a further period of two days.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln