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High Court of KeralaWP(C)/38971/2015disposed of

Santhosh K. v. The District Collector, Alappuzha

2015-12-214 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 38971 of 2015 (V) ---------------------------- PETITIONER(S) :

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

SANTHOSH K., S/O. LATE KUNJIRAMAN, AGED 37 YEARS THEKKUMVELIYIL HOUSE PAYYANALLOR MURI, THENDANAL VILLAGE ADOOR TALUK, PATHANAMTHITTA DISTRICT.

2.

JAYESH KUMAR S/O. VIJAYAKUMAR NAIR AGED 35 YEARS, MAVELIL KADMIATTA MURI NARANGANUM VILLAGE, KOZHENCHERRY TALUK ALAPPUZHA DISTRICT.

BY ADV. SRI.AJITH MURALI RESPONDENT(S) :

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

THE DISTRICT COLLECTOR, ALAPPUZHA, ALAPPUZHA DISTRICT - 688 001.

2.

THE REVENUE DIVISIONAL OFFICER CHENGANNUR, ALAPPUZHA DISTRICT - 688 141.

3.

THE SUB INSPECTOR CHENGANNUR POLICE STATION CHENGANNUR TALUK, ALAPPUZA DISTRICT - 688 141.

4. THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, CHERTHALA ALAPPUZHA, ALAPPUZHA DISTRICT - 688 534.

R1 TO R4 BY GOVT. PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 38971 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE REPORT AND MAHZER PREPARED BY THE 3RD RESPONDENT DATED 17.12.2015.

EXT.P2 COPY OF THE ORDER NO. 327/2015-16/MM/OE/DOA/2790/2015 DATED 4.12.2015 ISSUED BY THE 4TH RESPONDENT.

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

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.38971 of 2015 ****************************************************************************** Dated this the 21st day of December, 2015

JUDGMENT

The first petitioner is the owner of a Tipper Lorry bearing registration No.KL-26-E1995 and the second petitioner is the owner of a JCB bearing registration No.KL-25-D-952 have been seized alleging violation of the provisions of Mines and Mineral (Regulation & Development) Act, 1957. The petitioners have approached this Court seeking for a direction to the respondents to release the above vehicles.

2. Heard the learned counsel for the petitioners and the learned Government Pleader.

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

i) The third respondent shall report the seizure before the fourth respondent within two days from the date of receipt of a copy of this judgment.

W.P.(C) No.38971 of 2015 2 ii) The fourth respondent shall permit the petitioners to compound the offence at the fee fixed by him after adverting to the nature of offence committed by them.

iii. Needful shall be done by the fourth respondent within a further period of two days from the date of reporting seizure by the third respondent.

iv.

It is made clear that the direction in the judgment would be applicable only if the petitioners have contravened the 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/- A.MUHAMED MUSTAQUE, JUDGE ln