In this writ petition, the Court directed the Tahsildar to consider the petitioner's application for compounding the offence under the Kerala Minor Mineral Concession Rules within one week, ensuring it does not hinder royalty claims.
Direction to the 1st respondent to decide on Exhibit P2 within one week.
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 T.R.RAMACHANDRAN NAIR
MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934
WP(C).No. 12752 of 2012 (T)
PETITIONER(S):
MOIDEENKUTTY, S/O.KANNUKUTTY, AGED 32 YEARS, RESIDING AT KALAMSEKHARATHIL, PATTITHARA (P.O), THRITHALA VIA, PIN – 679 534, OTTAPALAM TALUK, PALAKKAD DISTRICT, (DRIVER OF LORRY BEARING REGISTRATION NO.KL-54-A-8114).
BY ADV. SRI.P.M.ZIRAJ.
RESPONDENT(S):
1. THE TAHSILDAR,
OTTAPALAM TALUK,
2. THE SUB INSPECTOR OF POLICE,
BY GOVT. PLEADER MR.MUHAMMED SHAH.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 12752 of 2012 (T)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P-1 | TRUE COPY OF THE SEIZURE MAHAZAR DATED 27.05.2012 PREPARED BY THE FIRST RESPONDENT. |
|---|---|
| EXT.P-2 | TRUE COPY OF APPLICATION DATED 27.05.2012 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. |
| EXT.P-3 | TRUE COPY OF THE JUDGMENT DATED 02.04.2012 IN WPC NO.8257/2012. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
T.R.RAMACHANDRAN NAIR, J.
-------------------------------------------------W.P.(C)No.12752 Of 2012-T
--------------------------------------------------
DATED THIS THE 4th DAY OF JUNE, 2012
JUDGMENT
The petitioner is seeking for a direction to consider the application for compounding the offence, filed under Rule 60(A) (1) of the Kerala Minor Mineral Concession Rules. Date of seizure is 27.5.2012. The seizure was effected by the 1st respondent on
the allegation that the petitioner transported laterite stones in the vehicle bearing registration No.KL-54-A-8114, and the vehicle was handed over to the 2nd respondent. Exhibit P1 is the mahazar prepared by the 1st respondent.
with a copy of the Writ Petition, by the petitioner. This will be without prejudice to the right of the respondents to find out
W.P.(C)No.12752/12
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whether any royalty is payable by the petitioner and if royalty is to be given, the petitioner will be given due intimation in that regard.
The Writ Petition is disposed of as above.
Sd/-( T.R.RAMACHANDRAN NAIR , JUDGE)
dsn
1 issue framed by the court
Whether the High Court can direct the authority to consider the compounding application under Rule 60(A)(1) of the Kerala Minor Mineral Concession Rules without precluding royalty claims.
1 provisions across 1 enactments
Moideen Kutty
The Tahsildar, Ottapalam Taluk
The Sub Inspector of Police, Chalissery Police Station
T.R.Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
