Disposed

Krishnan v. the Sub Inspector of Police

Kerala HC18 Feb 2015WP(C)/18717/2014

Case brief

AI extract

What is this about?

In a writ petition regarding illegal seizure of a lorry for unauthorized earth transport, the High Court permitted the petitioner to compound the offences by filing a subsequent petition and depositing a fine, thereby disposing of the writ petition.

What did the court decide?

Petitioner permitted to compound offences; to file compounding petition within one month; deposit amount appropriatable as fine.

Krishnan Vs the Sub Inspector of Police — Writ and Judicial Review | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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WEDNESDAY, THE 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936

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WP(C).No. 18717 of 2014 (L)

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PETITIONER:

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KRISHNAN, S/O.UDARAPPAN,AGED 30 YEARS, KOTTAYILPPADI HOUSE, KAKKADIPURAM, ALANKODE P.O, PONNANI TALUK, MALAPPURAM DISTRICT, (DRIVER OF LORRY BEARING REGISTRATION NO KL-54-B-2475).

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BY ADV. SRI.P.V.ARUN KUMAR

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RESPONDENT :

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THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT, PIN-679 578

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BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 18717 of 2014 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1:TRUE COPY OF THE SEIZURE MAHAZAR DTD 19/7/2014 PREPARED BY THE RESPONDENT

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P2:TRUE COPY OF THE WRITTEN REQUEST SUBMITTED BY THE PETITIONER DTD 19/7/2014 BEFORE THE RESPONDENT.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.S.TO.JUDGE

sts

A.V.RAMAKRISHNA PILLAI, J

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WPC No.18717 of 2014

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Dated this the 18^th day of February, 2015 JUDGMENT

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The petitioner is the driver of a Lorry bearing Reg.No.KL-54-B-2475, which was seized by the respondent on 19.7.2014 under the provisions of the Kerala Minor Mineral Concession Rules, 1967 on the allegation that the vehicle was used for unauthorized transportation of ordinary earth. The petitioner alleges that the respondent is not an authorized officer under the Mines and Minerals (Development and Regulation) Act or the Rules framed thereunder. Therefore, according to the petitioner, the seizure of the vehicle by the respondent is illegal and beyond his jurisdiction. It is with this background, the petitioner has come up before this Court.

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This Court, by interim order dated 21.7.2014, ordered release of the vehicle to the petitioner on satisfaction of a sum of 25,000/- (Rupees twenty five₹ thousand only) before the concerned respondent.

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WPC No.18717/2014 2

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This Court is of the view that the writ petition can be disposed of permitting the petitioner to compound the offences. If the petitioner is ready to compound the offences, he shall file a compounding petition within a period of one month from the date of receipt of a copy of this judgment. In the event of filing the compounding petition, the respondent shall appropriate the amount ordered to be deposited by the petitioner towards fine. After compounding the offences, the respondent shall report the fact to the Magistrate's Court concerned so that further proceedings could be dropped.

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The writ petition is disposed of as above.

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sd/-A.V.RAMAKRISHNA PILLAI JUDGE

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css/ true copy

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P.S.TO JUDGE

Krishnan v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Krishnan v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

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