Petitioner sought direction to compound an offence regarding vehicle seizure for alleged violation of Kerala Minor Mineral Concession Rules, 2015. Court directed respondents to permit compounding at fixed fee.
Direction to allow petitioner to compound offence at fee fixed by respondent.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937
WP(C).No. 5 of 2016 (A)
PETITIONER(S):
RAHUL SUBRAMANIAN, AGED 28 YEARS, S/O.SUBRAMANIAN RAGHAVAN, ELAMBATHU HOUSE, NORTH MAZHUVANNOOR, MUVATTUPUZHA-686 669.
BY ADVS.SRI.K.S.ARUN KUMAR
SMT.M.N.MAYA SMT.RESMI THOMAS
RESPONDENT(S):
1. SUB INSPECTOR OF POLICE, KUNNATHUNADU-682 308.
2. THE GEOLOGIST/ASSISTANT GEOLOGIST/ MRI, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICER, ERNAKULAM-682 020.
BY GOVERNMENT PLEADER SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 5 of 2016 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1. TRUE COPY OF THE RELEVANT PAGE OF THE RC BOOK OF THE PETITIONER
EXT.P2. TRUE COPY OF THE FIR IN CRIME NO.1746/15 OF KUNNATHUNADU POLICE STATION DATED 24/12/2015. EXT.P3. TRUE COPY OF THE MAHASAR DATED 24/12/2015. EXT.P4. TRUE COPY OF THE REPRESENTATION DATED 26/12/2015.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
================== W.P.(C).No. 5 of 2016
==================
Dated this the 4th day of January, 2015
J U D G M E N T
The Petitioner's vehicle bearing Reg.No.KL-42-B-138 has been seized alleging violation of the provisions of the the Kerala Minor Mineral Concession Rules, 2015. The petitioner has approached this Court seeking for a direction to permit the petitioner to compound the offence.
i) The 1st respondent shall report the seizure before the 2nd respondent within two days from the date of receipt of a copy of this judgment.
ii)The 2nd respondent shall permit the petitioner to compound the offence at the fee fixed by him after
W.P.(C).No. 5 of 2016 - : 2 :-
adverting to the nature of offence committed by him.
It is made clear that the direction in the judgment would be applicable only if the petitioner has contravened Kerala Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015 or the Kerala Minor Mineral Concession Rules, 2015.
The writ petition is disposed of as above.
Sd/-
sab
A.MUHAMED MUSTAQUE, JUDGE
1 issue framed by the court
Whether the petitioner is permitted to compound the offence for violation of Kerala Minor Mineral Concession Rules, 2015.
2 provisions across 2 enactments
RAHUL SUBRAMANIAN
SUB INSPECTOR OF POLICE, KUNNATHUNADU
THE GEOLOGIST/ASSISTANT GEOLOGIST/ MRI
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
