Sunilkumar v. The District Collector
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37869 of 2015 (G) ---------------------------------------- PETITIONER(S):
----------------------- SUNILKUMAR, AGED 46 YEARS, S/O.THANKAPPAN, KADUKKAKUNNEL HOUSE, KURANCHERY, MINALOOR (PO), THRISSUR DT.
BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S):
------------------------- 1.
THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, AYYANTHOLE (PO), THRISSUR (PO), PIN - 680 003.
2.
THE REVENUE DIVISIONAL OFFICER, THRISSUR, CIVIL STATION, AYYANTHOLE (PO), THRISSUR (PO), PIN - 680 003.
3.
THE CIRCLE INSPECTOR OF POLICE, WADAKKANCHERRY POLICE STATION, WADAKKANCHERRY (PO), THRISSUR DT., PIN - 680 582. 4.
THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THRISSUR DT., PIN - 680 020.
5.
MOIDHEEN, VALIYAPEEDIKAYIL HOUSE, VARAVOOR (PO), VADAKKANCHERRY, THRISSUR DT., PIN - 680 585.
R1-R4 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 37869 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
-------------------------------------- EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NUMBER KL-17-D-1201.
EXT.P2: TRUE COPY OF THE SALE AGREEMENT DTD.14.1.2015. EXT.P3: TRUE COPY OF THE SEIZURE MAHAZAR DTD.9.12.2015. EXT.P4: TRUE COPY OF THE TRANSIT PASS ISSUED BY THE 5TH RESPONDENT, PRODUCER/DEALER, COUNTERSIGNED BY THE 4TH RESPONDENT. RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
A.MUHAMED MUSTAQUE, J.
================== W.P.(C).No.37869 of 2015 ================== Dated this the 14th day of December, 2015
J U D G M E N T
The Petitioner's vehicle bearing Reg.No.KL-17-D-1201 has been seized alleging violation of the provisions of 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 4th respondent within two days from the date of receipt of a copy of this judgment.
ii)The 4th 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
W.P.(C).No.37869 of 2015 - : 2 :- applicable only if the petitioner has contravened Kerala 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