High Court of KeralaWP(C)/35066/2015disposed of

Raju v. The District Collector, Alappuzha

2015-11-194 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 WP(C).No. 35066 of 2015 (G) ---------------------------- PETITIONER :

---------------------- RAJU,S/O.THANKKAPPAN ACHARI, AGED 41 YEARS, RAJEEVE BHAVANUM, THULAMPARAMBU, MANNARASALA MURI, HARIPPADU, KARTHIKAPALLY TALUK, ALAPUZHA 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 SRI.MANOJ KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.35066/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE MAHZER PREPARED BY THE 3RD RESPONDENT DATED 17/11/2015 P2 COPY OF THE ORDER NO.262/2015-16/MM/OE/DOA/113/2015 DATED 03/11/2015 ISSUED BY THE 4TH RESPONDENT P3 COPY OF THE PASS ISSUED BY THE 4TH RESPONDENT DATED 17/11/2015 P4 COPY OF THE REGISTRATION CERTIFICATE.

RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.35066 of 2015 ****************************************************************************** Dated this the 19th day of November, 2015

JUDGMENT

The petitioner's vehicle bearing registration No.KL-32-C5577 has been seized alleging violation of the provisions of the Kerala Minor Mineral Concession Rules, 2015.

The petitioner submits that the vehicle has a pass at the time of seizure. Therefore, there is no contravention. It is also submitted that the third respondent has prepared a report and mahazar against the petitioner vehicle and handed over to the first respondent. Ext.P1 is the mahazar.

Considering the facts and circumstances, following directions are issued:

The third respondent shall report seizure of the vehicle before the fourth respondent within two days from the date of receipt of a copy of this judgment.

ii. The fourth respondent shall verify whether the petitioner has a pass.

W.P.(C) No.35066 of 2015 2 iii. If the vehicle has a pass, the same shall be released to the petitioner without any conditions. iv. This shall be done within a further period of two days.

v. However, if the fourth respondent finds that if the petitioner has violated the relevant provisions, it is open for the fourth respondent to permit the petitioner to compound the offence on payment of compounding fee determined by him.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln