High Court of KeralaWP(C)/36101/2015disposed of

Soman v. Sub Inspector Of Police

2015-11-30Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q WP(C).No. 36101 of 2015 (K) ---------------------------- PETITIONER :

-------------------------- SOMAN, AGED 28 YEARS S/O.NARAYANAN, LAKSHMI NARAYANAM KOMALLOOR.P.O., MAVELIKARA.

BY ADV. SMT.ASHA ELIZABETH MATHEW RESPONDENTS :

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

1. SUB INSPECTOR OF POLICE POLICE STATION, VALLIKUNNAM - 690191

2. SENIOR GEOLOGIST, ALAPPUZHA DISTRICT, CHERTHALA P.O. - 691 201 R BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36101 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1. A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF TIPPER LORRY BEARING REGISTRATION NO.KL-40-E-3884.

EXT.P2. A TRUE COPY OF THE MAHAZAR.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- /TRUE COPY/ P.A TO JUDGE AV

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.36101 of 2015 ----------------------------------- Dated this the 30th day of November, 2015

J U D G M E N T

The petitioner's vehicle bearing Reg.No.KL-40-E-3884 has been seized alleging violation of the provisions of the the Kerala Minor Mineral Concession Rules, 2015. The petitioner has approached this Court seeking a direction to the 1st respondent to produce the vehicle before the 2nd respondent. 2.

Heard the learned Counsel for the petitioner and the learned Government Pleader.

Considering the facts and circumstances, the following directions are issued:

i) The 1st 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 Minerals (Prevention of illegal mining, storage and

W.P.(C) No.36101 of 2015 transportation) Rules, 2015 or the Kerala Minor Mineral Concession Rules, 2015.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.