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High Court of KeralaWP(C)/35275/2015disposed of

Suresh v. District Collector

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. 35275 of 2015 (H) --------------------------------------- PETITIONER(S):

---------------------- SURESH, AGED 52 YEARS, S/O.KRISHNANKUTTY, KARTHIKA, THEKKECHIRA P.O., MAVELIKKARA.

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

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

DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA-688001.

2.

THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY DEPARTMENT, ALAPPUZHA-688001.

3.

SUB INSPECTOR OF POLICE, KURATHIKADU POLICE STATION, KURATHIKADU-688533.

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:

PJ

WP(C).No. 35275 of 2015 (H) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

COPY OF THE SEIZURE MAHAZAR P2:

COPY OF THE REPORT BEFORE THE R1.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 35275 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-38 A-1080 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. 35275 of 2015 - : 2 :- 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