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High Court of KeralaWP(C)/39913/2015disposed of

Beenadevi v. The District Collector

2015-12-233 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39913 of 2015 (L) ---------------------------- PETITIONER :

----------------- BEENADEVI, AGED 37 YEARS, W/O. SAJI, MANNADICKAL HOUSE, MAPARA MURI, CHERIYANADU VILLAGE, CHANGANNUR TALUK, ALAPPUZHA DISTRICT.

BY ADV. SRI.AJITH MURALI RESPONDENTS :

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

1. THE DISTRICT COLLECTOR, ALAPPUZHA, ALAPPUZHA DISTRICT - 688001.

2. THE REVENUE DIVISIONAL OFFICER, CHENANNUYR, ALAPPUZHA DISTRICT - 689121.

3. THE VILLAGE OFFICER, ALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT- 689121.

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

BY GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.39913 of 2015 ****************************************************************************** Dated this the 23rd day of December, 2015

JUDGMENT

The petitioner's vehicle bearing Reg.No.KL-31-B-4686 has been seized alleging violation of the provisions of the Kerala Minor Mineral Concession Rules, 2015. The petitioner has approached this Court seeking for a direction to the fourth respondent to release the above vehicle.

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

ii) The fourth respondent shall permit the petitioner to compound the offence at the fee fixed by him after adverting to the nature of offence committed by her.

W.P.(C) No.39913 of 2015 2 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 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/- A.MUHAMED MUSTAQUE, JUDGE ln