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High Court of KeralaWP(C)/31979/2015disposed of

Rashid v. The District Geologist

2015-10-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 31979 of 2015 (V) --------------------------------------- PETITIONER(S):

---------------------- RASHID, AGED 24 YEARS, S/O.MUHAMMED, KOOMBRAPARAYIL HOUSE, PATTITHARA P.O., PALAKKAD DISTRICT.

(OWNER OF A LORRY BEARING REGISTRATION NO.KL-9-S-5578) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S):

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

THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, PALAKKAD DISTRICT-679534.

2.

THE DEPUTY TAHASILDAR (INSPECTION), PATTAMBI TALUK, PALAKKAD DISTRICT-679534.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 31979 of 2015 (V) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

TRUE COPY OF THE MAHASSAR DATED 12/9/15 PREPARED BY THE R2 RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 31979 of 2015 ================== Dated this the 20th day of October, 2015

J U D G M E N T

The Petitioner's vehicle bearing Reg.No.KL-9-S-5578 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 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 days 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 adverting to the nature of offence committed by him.

W.P.(C).No. 31979 of 2015 - : 2 :- 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/- sab A.MUHAMED MUSTAQUE, JUDGE