Vinod.V v. Sub-Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 31252 of 2015 (F) --------------------------------------- PETITIONER(S):

---------------------- VINOD.V, AGED 32 YEARS, S/O.VASU, KAPPADATH KALAM, PALLATHERY PO, ELAPPULLY DESOM, PALAKKAD DT (REGISTERED OWNER OF VEHICLE KL-09-K/7985). BY ADVS.SRI.SHOBY K.FRANCIS SMT.MISHAL M.DASAN RESPONDENT(S):

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1. SUB-INSPECTOR OF POLICE, KASABA POLICE STATION (PUDUSSERY PS), PALAKKAD DISTRICT.

2. SENIOR GEOLOGIST, OFFICE OF THE GEOLOGIST, PALAKKAD DISTRICT-679 101.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 31252 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE REGISTRATION CERTIFICATE DT 15-7-2002 OF THE VEHICLE KL-09-K/7985 P2 :

TRUE COPY OF THE SEIZURE MAHAZAR DT 10-10-2015 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 31252 of 2015 ---------------------------------------------------- Dated this the 14th day of October,2015

J U D G M E N T

------------------------- The Petitioner's vehicle bearing Reg.No.KL-09-K/7985 has been seized alleging violation of the provisions of the the Kerala Minor Mineral Concession Rules, 2015. The petitioner has approached this Court seeking for a direction to the 1st respondent to produce the above vehicle before the 2nd 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 1st respondent shall report the seizure before the 2nd respondent within two days from the date of receipt of a copy of this judgment.

ii)Thereafter, the 2nd respondent shall permit the petitioner to compound the offence at the fee fixed by him after adverting to the nature of offence

W.P.(C).No.31252 of 2015 committed by him.

iii)Needful shall be done within a further period of two days from the date of report of seizure by the 1st respondent.

3. 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.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/