Dismissed

Abdu Rahiman v. the Village Officer

Kerala HC5 Oct 2016WP(C)/32277/2016

Case brief

AI extract

What is this about?

This writ petition challenged the illegal seizure of two vehicles. The single-judge court directed the Village Officer to register a crime and produce the vehicles before the Magistrate, outlining procedural safeguards and compounding fees.

What did the court decide?

Directed the 1st Respondent to register a crime within two weeks and produce vehicles before the jurisdictional Magistrate, with specific conditions for interim custody and compounding fees.

Abdu Rahiman Vs the Village Officer — Pension and Retirement Benefits | 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 K.VINOD CHANDRAN

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WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938

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WP(C).No. 32277 of 2016 (H)

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PETITIONER(S) :

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1. ABDU RAHIMAN, S/O. ABDULLA KOYA, AGED 58 YEARS, RESIDING AT KUMMANGAL MITHEL HOUSE, PANTHEERANKAVU P.O., PERUMANNA VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT.

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2. SMITHESH T., SON OF VISWANATHAN, AGED 34 YEARS, RESIDING AT DEVARKUTTY THODY HOUSE, KOMMERY AMSOM, DESOM AND POST, KOZHIKODE DISTRICT.

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BY ADVS. SRI.T.MADHU SRI.M.RAGHUKUMAR

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RESPONDENT(S) :

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1. THE VILLAGE OFFICER, KUTTIKKATTOOR VILLAGE, KOZHIKODE DISTRICT- 673 008.

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2. THE TAHSILDAR, KOZHIKODE TALUK, KOZHIKODE DISTRICT- 673 001.

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3. THE DISTRICT COLLECTOR, KOZHIKODE, KOZHIKODE DISTRICT- 673 001.

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4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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BY GOVERNMENT PLEADER SRI. SURIN GEORGE IPE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 32277 of 2016 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO. KL-11-W-8047.

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EXHIBIT P2: THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO. KL-57-D-7819.

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EXHIBIT P3: THE TRUE COPY OF THE MAHAZAR DATED 28.09.2016 PREPARED BY THE FIRST RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

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===================== W.P.(C) No.32277 of 2016 - H

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====================== Dated this the 05^th day of October, 2016

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J U D G M E N T

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The petitioners contention is that the 1^st petitioner's JCB bearing Registration No.KL/11W-8047 and the 2^nd petitioner's Tipper Lorry bearing Registration No.KL/57D-7819 have been taken into custody for violation of the provisions of Mines and Minerals (Development and Regulations) Act, 1957, Kerala Minor Mineral Concession Rules, 2015 and Kerala Minerals (Prevention of illegal mining, storage and transportation) Rules 2015. The petitioners submit that the seizure is illegal.

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In such circumstance, the 1^st respondent/Village Officer is directed to register a crime by himself, if authorised or through a competent officer; and produce the vehicle before the jurisdictional Magistrate, within a period of two weeks from the

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W.P.(C) No.32277 of 2016 - H

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date of receipt of a certified copy of this judgment. If any application for interim custody is filed by the petitioner before the jurisdictional Magistrate, the Magistrate shall ensure that the release shall be only after securing the value of the vehicle, since the penal proceedings; if culminating in finding the guilt of the accused, would also necessarily lead to confiscation of the vehicle. The 1^st respondent/Village Officer shall produce the copy of this judgment before the jurisdictional Magistrate, when the F.I.R is registered and the vehicle produced.

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If the petitioner seeks compounding of the offence, the same shall be permitted only on payment of compounding fee as directed in W.P.(C) No.17365 of 2016 and connected matters, dated 26.05.2016, which for the 1^st petitioner's JCB, would be Rs.75,000/- (Rupees seventy five thousand only) and for the 2^nd petitioner's Tipper Lorry, would be Rs.50,000/-(Rupees Fifty thousand only) with double the value of goods and double the royalty payable to the Government.

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W.P.(C) No.32277 of 2016 - H

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The writ petition would stand disposed of with the

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above directions.

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Sd/-

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K. VINOD CHANDRAN,

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