High Court of KeralaWP(C)/32373/2015disposed of

Reghu P v. The District Collector

2015-10-26Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 32373 of 2015 (V) ---------------------------- PETITIONER:

------------------- REGHU.P, S/O.PARAMESWARAN, AGED 36 YEARS, CHIRAYIL PADEETTATHIL VEEDU, EVOOR MURI, CHEPPAD VILLAGE, KARTHIKAPALLY, ALAPPUZHA DISTRICT.

BY ADV. SRI.AJITH MURALI RESPONDENT(S):

-------------------------

1. THE DISTRICT COLLECTOR, ALAPPUZHA, ALAPPUZHA DISTRICT - 688 001.

2. THE REVENUE DIVISIONAL OFFICER, CHENGANNUR, ALAPPUZHA DISTRICT - 689 121.

3. THE SUB INSPECTOR, CHENGANNUR POLICE STATION, CHENGANNUR TALUK, ALAPPUZHA DISTRICT - 689 121.

4. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, CHERTHALA, ALAPPUZHA, ALAPPUZHA DISTRICT - 688 001.

BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 32373 of 2015 (W) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

THE TRUE COPY OF THE REPORT AND MAHZER PRREPARED BY THE 3RD RESPONDENT DATED 19.10.2015.

EXT. P2 :

THE TRUE COPY OF THE ORDER NO.228/2015-16/MM/OE/DOI/113/2015 DATED 14.10.2015 ISSUED BY THE 4TH RESPONDENT. EXT. P3 :

THE TRUE COPY OF THE PASS ISSUED BY THE 4TH RESPONDENT DATED 19.10.2015.

EXT. P4 :

THE TRUE COPY OF THE REGISTRATION CERTIFICATE. EXT. P5 :

PHOTO COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 20.10.2015.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32373 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of October 2015

JUDGMENT

Petitioner alleges that his vehicle bearing registration No.KL-29-F-5438 has been seized, alleging violation of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules.

2. Petitioner claims that he had valid pass at the time of transportation. Petitioner refers to Ext.P3.

3. Considering the facts and circumstances of the case, the following directions are issued;

1). The 3rd respondent is directed to report seizure to the 4th respondent within two days from the receipt of copy of this judgment.

2). The 4th respondent shall verify whether the petitioner has any pass. If the petitioner has the pass, necessarily,

W.P.(c).No.32373 of 2015 : 2 :

the vehicle shall be released to the petitioner without any condition.

3). If the petitioner does not possess any valid pass at the time of seizure of the vehicle, it is open to the 4th respondent to proceed against the petitioner in accordance with law.

4). In the event the 4th respondent is of the view that the vehicle is liable to be proceeded with under the above rules for violation, it is open to the 4th respondent to permit the petitioner to compound the offence on a compounding fee determined by him. In that case, appropriate decision shall be taken within two days.

This writ petition is disposed of accordingly. Sd/- A.MUHAMED MUSTAQUE JUDGE sm/