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High Court of KeralaWP(C)/37890/2015disposed of

S.Sreeji v. Geologist

2015-12-144 pages

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. 37890 of 2015 (I) ---------------------------- PETITIONER :

---------------------- S. SREEJI, AGED 32 YEARS S/O. SUKUMARAN, KATTUVELIL HOUSE KALLISSERRY, CHENGANNUR ALAPUZHA DISTRICT - 689 124.

BY ADV. SRI.RAAJESH S. SUBRAHMANIAN RESPONDENT(S) :

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

GEOLOGIST DEPARTMENT OF MINING & GEOLOGY ALAPPUZHA - 688 001.

2.

SUB INSPECTOR OF POLICE CHENGANNUR - 689 121.

R1 & R2 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 37890 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE AGREEMENT EVIDENCING PURCHASE OF THE VEHICLE BEARING NO. KL-16-H-5576.

EXT.P2 COPY OF THE SEIZURE MAHAZAR DATED 10/12/2015 PREPARED BY THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 37890 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-16-H-5576 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 2nd respondent shall report the seizure before the 1st respondent within two days from the date of receipt of a copy of this judgment.

ii)The 1st 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. 37890 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