The High Court allowed a writ petition challenging the seizure of vehicles. Relying on precedents, the court directed that upon payment of Rs.25,000/-, compounding is allowed and no further proceedings shall be taken against the petitioners.
Compounding allowed upon payment of Rs.25,000/-; no further proceedings against petitioners.
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 K.VINOD CHANDRAN
WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937
WP(C).No. 19131 of 2014 (N)
PETITIONER(S)/PETITIONERS:
1. SREEDHARAN,
2. VIJAYAN.M,
3. SADAKKATHULLA,
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. DISTRICT COLLECTOR,
3. INSPECTOR OF POLICE, CIRCLE OFFICE, SULTHAN BATHERY , WAYANADU DISTRICT-678 146
4. SUB INSPECTOR OF POLICE, SULTHAN BATHERY POLICE STATION SULTHAN BATHERY, WAYANADU DISTRICT-678 146
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AD
WP(C).No. 19131 of 2014 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P6: TRUE COPY OF THE SRO 860/1995
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
AD
K.VINOD CHANDRAN, J.
W.P.(C).No.19131 of 2014
Dated this the 12th day of August, 2015
JUDGMENT
The petitioners are concerned with the seizure of the vehicles for an offence alleged under the Kerala Minor Mineral Concession Rules, 1967. The petitioners were granted release of the vehicles on payment of Rs.25,000/-. Going by the decisions in Digil V.Sub Inspector of Police [2013 (1) KLT 600] and Sivakumar V. State of Kerala and Another [2013 KHC 2757] , the petitioners shall be allowed compounding if Rs.25,000/- has been paid and no further proceedings shall be taken against the petitioners.
The writ petition is allowed.
Sd/- K.VINOD CHANDRAN JUDGE
AD
2 issues framed by the court
Whether the petitioners are entitled to compound charges for the alleged offence on payment of Rs.25,000/-.
Whether further proceedings should be taken against the petitioners after payment.
Colour shows how this judgement treated each authority
Digil V.Sub Inspector of Police [2013 (1) KLT 600]Relied on¶47
Digil V.Sub Inspector of Police [2013 (1) KLT 600]
Sivakumar V. State of Kerala and Another [2013 KHC 2757]Relied on¶47
Sivakumar V. State of Kerala and Another [2013 KHC 2757]
SREEDHARAN
VIJAYAN.M
SADAKKATHULLA
STATE OF KERALA
DISTRICT COLLECTOR
INSPECTOR OF POLICE
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
