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High Court of KeralaWP(C)/35274/2015disposed of

Aneesh v. District Collector, Alappuzha

2015-11-214 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 WP(C).No. 35274 of 2015 (H) --------------------------------------- PETITIONER(S):

----------------------- ANEESH, AGED 36 YEARS, S/O.LATE ROWLA KUNJU, KUNNAMPALLI BHAGOM, KAYAMKULAM.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S):

-------------------------- * 1.

DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN - 688 001. (CORRECTED) * 2.

THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY DEPARTMENT, ALAPPUZHA, PIN - 688 001. (CORRECTED) 3.

SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, OACHIRA, PIN - 690 526.

* ADDRESS OF THE 1ST AND 2ND RESPONDENTS ARE CORRECTED AS; 1.

DISTRICT COLLECTOR, KOLLAM.

2.

GEOLOGIST, KOLLAM.

* AS PER ORDER DTD.25.11.2015 IN IA.17106/2015. BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 35274 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: COPY OF THE R.C. BOOK.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 35274 of 2015 ================== Dated this the 21st day of November, 2015

J U D G M E N T

The Petitioner's vehicle bearing Reg.No. KL-29 C-7690 has been seized alleging violation of the provisions of the the Kerala Minor Mineral Concession Rules, 2015.

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 3rd respondent shall report the seizure before the 2nd respondent within two days from the date of receipt of a copy of this judgment.

ii) The 2nd 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. It is made clear that the direction in the judgment would be applicable only if the petitioner has contravened Kerala

W.P.(C).No. 35274 of 2015 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