High Court of KeralaWP(C)/33111/2015disposed of

Gopakumari v. The District Collector

2015-10-30Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 WP(C).No. 33111 of 2015 (L) ---------------------------- PETITIONER(S):

-------------------------- GOPAKUMARI, AGED 35 YEARS, W/O. SREENI, SREENANDANUM HOUSE, KUTTENPEROOR MURI, MANNAR VILLAGE, CHENGANNUR TALUK, 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, MANNAR POLICE STATION, ALAPPUZHA DISTRICT-688 001.

4. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, PATHANAMTHITTA DISTRICT-689 645. BY GOVT. PLEADER SMT.C.K. SHERIN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 33111 of 2015 (L) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE ORDER NO.228/2015-16/MM/OE/DOA/113/2015 DATED 14/10/2015 ISSUED BY THE 4TH RESPONDENT. EXT.P2 COPY OF THE PASS ISSUED BY THE 4TH RESPONDENT DATED 17/10/2015.

EXT.P3 COPY OF THE REGISTRATION CERTIFICATE.

EXT.P4 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 20/10/2015.

RESPONDENT'S EXHIBITS:- NIL.

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

A. MUHAMED MUSTAQUE, J ----------------------------------------------------- W.P.(C).No. 33111 of 2015 ----------------------------------------------------- Dated this the 30th day of October, 2015

JUDGMENT

The petitioner approached 4th respondent- The Senior Geologist for release of the vehicle bearing No.KL-40-C9927. According to the petitioner, this has been illegally seized by the 3rd respondent alleging violation of Kerala Minor Mineral Concession Rules.

Considering the facts and circumstances, the 3rd respondent is directed to file a seizure report before the 4th respondent, thereafter, the 4th respondent shall take appropriate decision on Ext.P4. In the event, the 4th respondent finds that there is a scope for proceedings under the violation of Mines and Mineral Regulation & Development Act or Rules. The 4th respondent can permit the petitioner to compound the offence on a compounding fee determined by him.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr