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High Court of KeralaWP(C)/31408/2015disposed of

Muhammed Rafeek v. The District Geologist

2015-10-15Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 31408 of 2015 (A) --------------------------------------- PETITIONER(S):

----------------------- MUHAMMED RAFEEK, AGED 36, S/O.MARAKKAR, PALAKKAPARAMBIL, ALANGADU P.O., ALANGAD VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT (OWNER OF A JCB BEARING REGISTRATION NO.KL-24-1017).

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

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

THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM DISTRICT - 682 030. 2.

THE SUB INSPECTOR OF POLICE, ALUVA WEST POLICE STATION, ERNAKULAM DISTRICT - 682 301.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 31408 of 2015 (A) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE FIR NO.0739/2015 DTD.19.9.2015 OF ALUVE WEST POLICE STATION.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No. 31408 of 2015 ---------------------------------------------------- Dated this the 15th October,2015

J U D G M E N T

------------------------- The Petitioner's JCB Excavator Bearing Reg.No.KL24-1017 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 2nd respondent to produce the above vehicle before the 1st 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 2nd respondent shall report the seizure before the 1st respondent within two weeks from the date of receipt of a copy of this judgment.

ii)The 1st respondent shall permit the petitioner to compound the offence at the fee fixed by him after

WP(C).31408/15 adverting to the nature of offence committed by him.

iii)Needful shall be done within further period of two weeks from the date report of seizure by the 2nd respondent.

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.

A.MUHAMED MUSTAQUE JUDGE vgs16.10.15