The Single Judge dismissed a review petition, ordering the Magistrate to drop proceedings and release the petitioners' vehicle without conditions following compounding of the offence under the Mines and Minerals Act.
The Magistrate is directed to drop the proceedings and release the vehicle free of conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933
RP.No. 792 of 2011() -------------------(AGAINST THE JUDGMENT IN WPC NO.21098/11 DTAED 17.8.11)
REVIEW PETITIONER(S): PETITIONERS
--------------------------------------------------------
1. MANOJKUMAR N.R., PROPRIETOR, NRM ENTERPRISES, 5/507(9/855), PARACKALCHALLA, GOVINDAPURAM POST, KAMBRATHCHALLA, MUTHALAMADA, CHITTUR TALUK, PALAKKAD DISTRICT. NOW R/AT NADUMURI HOUSE, GOVINDAPURAM POST, MUTHALAMADA, CHITTUR TALUK, PALAKKAD DISTRICT.
2. RAMAMURTHI P., S/O. PALANIAPPAN, NO.7, RCC, 206-261, S.G.MUTT ROAD, CHAMRAJ P., E.T., BANGALORE-560 018, KARNATAKA. NOW R/AT 8/89, MUTHUGAPATTY P.O., SOUTH STREET, MUTHUGAPATTY, NAMACKAL DISTRICT, TAMIL NADU, PIN-637405.
BY ADV. SRI.SAJAN VARGHEESE K.
RESPONDENT(S):
-------------------------
1. THE REVENUE DIVISIONAL OFFICER, PALAKKAD.
2. THE SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DISTRICT.
3. THE GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, TOWN BUS-STAND COMPLEX, PALAKKAD-14.
SR.GOVT.PLEADER SMT.M.J.RAJASHREE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP NO.792/11
APPENDIX
REVIEW PETITIONER'S EXHIBITS
//TRUE COPY//
P.A. TO JUDGE
Rp
ANTONY DOMINIC, J. ================ R.P.No.792 OF 2011
in
W.P.(C) NO. 21098 OF 2011
=====================
Dated this the 9th day of November, 2011
O R D E R
The writ petition filed by the petitioners was disposed of by judgment dated 17/8/11 directing that since the proceedings initiated against the vehicle was under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957, the vehicle should be produced before the Jurisdictional Magistrate.
R.P.No.792/11 in WPC No. 21098/11
:2 :
accordingly Annexure A order dated 22/10/11 was passed by the District Collector. Now the present position is that though the offence as such is compounded, the petitioners are faced with the requirement of complying with the terms of Annexure D order, as a result, the vehicle still remains in custody. It is in these circumstances, the review petition has been filed.
Review petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp
2 issues framed by the court
Whether the petitioners' vehicle can be released free of conditions after the offence was compounded but they were required to comply with interim custody terms.
Whether the Magistrate should drop the proceedings upon the compounding of the offence to allow for immediate vehicle release.
2 provisions across 1 enactments
Manojkumar N.R.
Ramamurthi P.
The Revenue Divisional Officer, Palakkad
The Sub Inspector of Police, Alathur
The Geologist, Department of Mining & Geology
Anton Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
