The Court directed the authorities to compound offences related to unauthorized earth removal and release seized vehicles upon payment of Rs. 25,000 per vehicle, citing an identical earlier judgment.
Directed the third respondent to accept compounding applications upon payment of Rs. 25,000 per vehicle and release the vehicles immediately after payment.
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 P.N.RAVINDRAN
TUESDAY, THE 18TH DAY OF FEBRUARY 2014/29TH MAGHA, 1935
WP(C).No. 4540 of 2014 (N)
PETITIONER(S):
1. ARIVALAGAN, S/O.JAYARAJ, DOOR NO.2/23, SOWTHAPURAM P.O.,
2. MOHAMMED RIYAS,
3. NAZAR K., S/O.KUNJU MUHAMMED, 16/681, KIZHAKKUMURI, KODUNTHIRAPULLY, PIRAYIRI P.O., PALAKKAD.
BY ADVS.SRI.T.V.GEORGE
SRI.JIMMY GEORGE (THADATHIL)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-691 001.
2. DISTRICT COLLECTOR, PALAKKAD-678 001.
3. SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD.
BY SR. GOVERNMENT PLEADER SRI.K.C.VINCENT.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4540 of 2014 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
P1:COPY OF REGISTRATION CERTIFICATE OF JCB BEARING REG.NO. TN-32-S-8588.
RESPONDENT(S)' EXHIBITS NIL
TRUE COPY
P.A. TO JUDGE
VPV
P.N.RAVINDRAN, J.
W.P.(C)No.4540 of 2014
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 18th day of February, 2014
JUDGMENT
The first petitioner is the owner of an excavator bearing registration No.TN-32-S-8588. The second petitioner is the owner of a tipper lorry bearing registration No.KL-10-AB-777. The third petitioner is the owner of a tipper lorry bearing registration No.KL09-V-2941. These motor vehicles were seized by the third respondent on 4.2.2014 on the allegation that they were used to excavate and remove ordinary earth without authority and permission thereby violating the provisions contained in the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967. In this writ petition the petitioners pray for an order directing the second respondent to consider the requests made by them to compound the offences alleged against them and to direct the second respondent to release the vehicles after such compounding.
W.P.(C)No.4540 of 2014
2
and by directing release of the motor vehicle involved upon such payment. It was also observed that once the offence is compounded, no prosecution shall be initiated against the petitioner, as held by this Court in Digil v. Sub Inspector of Police [2013 (1) KLT 600].
In such circumstances, I dispose of the writ petition with a direction to the third respondent to accept the applications submitted by the petitioners to compound the offences alleged against them upon payment of the sum of Rs.25,000/- as compounding fee in respect of each vehicle and to release the vehicle to the petitioners on the day the payment of the sum of Rs.25,000/- is effected. Needless to say, once the offence is compounded no prosecution shall be initiated against the petitioners in respect of the incidents which led to the instant writ petition. If a report has already been lodged in the competent criminal court a further report to the effect that the offence has been compounded shall be filed.
Sd/-
P.N.RAVINDRAN JUDGE
vpv
1 issue framed by the court
Whether the seized motor vehicles used for unauthorized earth removal should be released upon compounding of the alleged offence.
Colour shows how this judgement treated each authority
Digil v. Sub Inspector of PoliceRelied on¶39
Digil v. Sub Inspector of Police [2013 (1) KLT 600]
W.P. (C)No.1342 of 2014Followed¶36
W.P. (C)No.1342 of 2014
Arivalagan
Mohammed Riyas
Nazar K.
State of Kerala
District Collector, Palakkad
Sub Inspector of Police, Town North Police Station, Palakkad
P.N. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.N. Ravindran
Parties & counsel
