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High Court of KeralaWP(C)/38378/2015disposed of

Renjith v. The Sub Inspector Of Police

2015-12-17Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 ---------------------------- PETITIONER(S):

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1. RENJITH, S/O. RAVI, AGED 24 YEARS, NERIPPARA HOUSE, VADATTUPARA P.O., KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, (DRIVER OF EXCAVATOR JCB BEARING REGISTRATION NO.KL-17-G-8796).

2. PRINCE ABRAHAM, S/O. ABRAHAM, AGED 30 YEARS, PADIKKATTU HOUSE, SENAPATHY, IDUKKI DISTRICT, (OWNER OF EXCAVATOR JCB BEARING REGISTRATION NO.KL-17-G-8796).

3. LALU, S/O.NARAYANAN, AGED 24 YEARS, KANNANPILLIL HOUSE, KOOVAPPADY P.O., PERUMBAVUR TALUK, ERNAKULAM DISTRICT, (DRIVER OF EXCAVATOR JCB BEARING REGISTRATION NO.KL-44-A-9993).

4. SUNNY JOSEPH, S/O. PAILY JOSEPH, AGED 42 YEARS, KELAMKUZHACKAL HOUSE, 1/447, AIYOORPADAM, UPPUKANDOM, KOTHAMANGALAM, ERNAKULAM DISTRICT, (OWNER OF EXCAVATOR JCB BEARING REGISTRATION NO.KL-44-A-9993).

BY ADV. SRI.P.M.ZIRAJ.

RESPONDENT(S):

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1. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT-683 021.

2. THE JOINT REGIONAL TRANSPORT OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT-683 021.

3. THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT-682 030.

4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MOTOR VEHICLE DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 13/02/2014 IN CRL.MC. NO.1190/2014.

EXT.P2 COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 13/02/2014 IN CRL.MC. NO.1194/2014.

EXT.P3 COPY OF THE RECEIPT OF THE COMPOUNDING FEE IN CONNECTION WITH THE SEIZURE OF THE VEHICLE BEARING REGISTRATION NO.KL-17-G-8796 DATED 18/03/2014 ISSUED BY THE FIRST RESPONDENT.

EXT.P4 COPY OF THE RECEIPT OF THE COMPOUNDING FEE IN CONNECTION WITH THE SEIZURE OF THE VEHICLE BEARING REGISTRATION NO.KL-44-A-9993 DATED 18/03/2014 ISSUED BY THE THE FIRST RESPONDENT.

EXT.P5 COPY OF THE ENTRY MADE BY THE SECOND RESPONDENT

IN THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING

REGISTRATION NO.KL-17-G-8796.

EXT.P6 COPY OF THE ENTRY MADE BY THE SECOND RESPONDENT

IN THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING

REGISTRATION NO.KL-44-A-9993.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A. MUHAMED MUSTAQUE, J.

======================== W.P.(C). No.38378 of 2015 -------------------------------------------- Dated this the 17th day of December, 2015

JUDGMENT

Petitioners' vehicles were involved in a crime registered under the relevant provisions of the Mines and Mineral (Development and Regulation) Act, 1957. Petitioners compounded the offence under the relevant provisions of Kerala Minor Mineral Concession Rules, 1967. Petitioners are aggrieved of the endorsement in the R.C. Book regarding involvement of the crime.

2. This Court is of the view that, since the offence has been compounded, there is no necessity to make endorsement in the R.C.Book.

3. Accordingly, there will be a direction to the second respondent to remove the entries in the R.C.Book of the vehicles bearing registration Nos. KL-17-G 8796 and KL-44-A 9993, within a period of two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

A. MUHAMED MUSTAQUE, JUDGE.

kp/-/17.12.15