Disposed

Shanmughan v. State of Kerala

Kerala HC8 Jun 2016Crl.MC/3402/2016

Case brief

AI extract

What is this about?

The Court issued directions to produce seized JCBs before the District Geologist for an opportunity to compound the mining offence under Rule 32 of the Kerala Minerals Rules within five days, applicable to specific local rules.

What did the court decide?

Direction to 2nd Respondent to produce vehicles before 3rd Respondent; direction to 3rd Respondent to allow compounding under Rule 32 within 5 days.

Shanmughan Vs State of Kerala — Mining and Natural Resources | Kerala HC (2016)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 8TH DAY OF JUNE 2016/18TH JYAISHTA, 1938

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Crl.MC.No. 3402 of 2016 ()

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--------------------------ELOOR POLICE STATION, ERNAKULAM DISTRICT

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PETITIONER/ACCUSED :

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1. SHANMUGHAN

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S/O. KANDANKORAN, AGED 45 YEARS, MUTHIRKKATTINKAL, EDATHALA, ALUVA TALUK, ERNAKULAM DISTRICT (OPERATOR OF JCB BEARING REGISTRATION

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NO. KL-07-BF- 5120)

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2. VINEETH S/O. GEORGE, AGED 29 YEARS, MANGALALIPARAMBIL, MUNDOOR P.O., KUNDAPUZHA, URITTI, KARNATAKA, (OPERATOR OF JCB BEARING REGISTRATION NO. KL-07-BF-8536)

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3. ABDUL KAREEM S/O. MUHAMMED, AGED 37 YEARS, NADUVILA VALLOMKOTTIL HOUSE, THRIKKAKARA P.O., VAZHAKKALA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT (OWNER OF JCB BEARING REGISTRATION NO. KL-07-BF-5120 AND KL-07 BF-8536)

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BY ADV. SRI.U.MADHU

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RESPONDENT(S) :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE ELOOR POLICE STATION, ERNAKULAM DISTRICT, PIN - 682 030.

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3. THE DISTRICT GEOLOGIST ERNAKULAM DISTRICT, PIN - 682 030.

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R1 TO R3 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 3402 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE 1 TRUE COPY OF THE MAHASSAR DATED 30-05-2016 PREPARED BY THE SECOND RESPONDENT

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ANNEXURE 2 TRUE COPY OF THE GOVERNMENT ORDER NO. 77/2015ID DATED 5-6-2015.

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ANNEXURE 3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 16-03-2016 IN W.P(C) NO. 10192 OF 2016.

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ANNEXURE 4 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 19-08-2015 IN CRL. MC NO. 5550 OF 2015.

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RESPONDENT(S)' ANNEXURES : NIL

//TRUE COPY//

P.A. TO JUDGE

RAJA VIJAYARAGHAVAN V, J.

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Crl.M.C.No.3402 of 2016

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Dated this the 08^th day of June, 2016

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O R D E R

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1.Two JCBs bearing Registration Nos.KL-07-BF-5120 and KL07-BF-8536 owned by the 3^rd petitioner was seized by the 2^nd respondent on 30.05.2016. Annexure 1 is the mahazar prepared by the officer concerned and the allegation is that the provisions of the Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules 2015, has been contravened.

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2.In this petition, the petitioners seeks for a direction to the 2^nd respondent to produce the vehicles before the 3^rd respondent and also to issue a direction to the 3^rd respondent to afford an opportunity to the petitioners for compounding of the offence under the provisions of the relevant Rules.

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3.I have heard the learned counsel appearing for the petitioners as well as the learned Public Prosecutor.

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Crl.M.C.No.3402 of 2016 : 2 :

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4.The learned counsel appearing for the petitioners refers to Annexure 2, G.O.(P)No.77/2015/ID dated 05.06.2015 to contend that only the 3^rd respondent is authorized to prefer complaint in writing before the Court below in respect of offence punishable under the Mines and Minerals ( Development and Regulation )Act , 1967 and if that be the case, only the officers made mention of in the order is authorized to compound the offence. The 3^rd respondent is an authorized officer is the submission of the learned counsel.

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I find considerable merit in the submissions of the learned counsel. Hence the following directions are issued, to secure the ends of justice :-

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i. The 2^nd respondent is directed to produce the vehicles bearing Registration Nos.KL-07BF-5120 and KL-07-BF-8536 before the 3^rd respondent within a period of two days from the date of receipt of a copy of this order. ii. The 3^rd respondent shall permit the

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Crl.M.C.No.3402 of 2016 : 3 :

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petitioners to compound the offence under Rule 32 of the Rules , if the rules enable him to do so.

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iii. The above endeavour shall be completed within a period of 5 days from the date of receipt of this order.

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6.The aforesaid directions will be applicable only if the vehicles have been seized for contravening the provisions of the Kerala Minor Mineral Concession Rules, 2015 or the Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules. If the offence is compounded as per Rule 32 of the Kerala Minerals (Prevention of illegal Mining, Storage and Transportation) Rules, necessarily the vehicles will have to be released to the 3^rd petitioner by the Sub Inspector of Police, Eloor Police Station unless there are compelling legal reasons not to do so.

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This petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.

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[True copy] P.A to Judge

Shanmughan v. State of Kerala

Case brief

What is this about?

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Shanmughan v. State of Kerala

Case brief

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What did the court decide?

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