Allowed

Biji Vijayan v. District Collector

Kerala HC13 Dec 2016WP(C)/39418/2016

Case brief

AI extract

What is this about?

A writ petition challenging the seizure of a heavy goods vehicle for alleged illegal transportation of gravel was disposed of. The Court directed the respondents to release the vehicle upon payment of a compounding fee calculated based on the value of gravel and royalty, as per a specific Supreme Court precedent. The relief includes a direction to the Geologist to assess the load and a minimum fee

What did the court decide?

Vehicle to be released upon payment of compounding fee comprising double the value of gravel, double royalty, and minimum Rs.50,000.

Biji Vijayan Vs District Collector — 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 K.VINOD CHANDRAN

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TUESDAY, THE 13TH DAY OF DECEMBER 2016/22ND AGRAHAYANA, 1938

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WP(C).No. 39418 of 2016 (B)

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PETITIONER(S)/PETITIONER:

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BIJI VIJAYAN,AGED 35 YEARS, W/O.BIJU,VIJESH BHAVANAM,ERUMAKUZHY MURI, PALAMEL VILLAGE,MAVELIKKARA TALUK,ALAPPUZHA DISTRICT.

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BY ADVS.SRI.RASHEED C.NOORANAD SRI.R.AJAYGHOSH

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RESPONDENT(S)/RESPONDENT:

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1. DISTRICT COLLECTOR, ALAPPUZHA-688001.

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2. THE GEOLOGIST, OFFICE OF THE GEOLOGIST,DEPARTMENT OF MINING AND

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GEOLOGY,ALAPPUZHA-688001.

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3. VILLAGE OFFICER,

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PATHIYOOR VILLAGE,KARTHIKAPPALLY TALUK, ALAPPUZHA-690516.

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4. SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION,

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ALAPPUZHA DISTRICT-690572.

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R1-R4 BY SR. GOVERNMENT PLEADER SRI. SURIN GEORGE IPE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MLG

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WP(C).No. 39418 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 A TRUE COPY OF THE R.C.PARTICULARS OF THE PETITIONER'S VEHICLE. EXHIBIT P2 A TRUE COPY OF THE SEIZURE REPORT DTD.08.12.2016 EXHIBIT P3 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 08.12.2016. EXHIBIT P4 A TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT IN WRIT PETITION NO. 7126/2012 DATED 21/03/2012

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RESPONDENT(S)' EXHIBITS NIL

//TRUE COPY//

P.S TO JUDGE

MLG

K. VINOD CHANDRAN, J

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====================== W.P(C) No. 39418 of 2016 - B =========================

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Dated this the 13^th December, 2016

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J U D G M E N T

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The petitioner, the owner of HGV Tipper bearing Reg.No.KL-25-A 7078 is aggrieved with the seizure of his vehicle alleging illegal transportation of gravel earth. The seizure mahazar at Exhibit P2 indicates that the seizure has been effected under the Kerala Minor Mineral Concession Rules, 1967 (KMMC Rules) and Kerala Minerals (Prevention of illegal mining, storage and transportation) Rules 2015. The petitioner in the above case come forward with the plea that

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he is ready to compound the offence under the KMMC Rules, 2015.

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The Village Officer, who seized the vehicle shall forward the files to the 1^st respondent, District Collector, who

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WPC.No.39418//2016

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: 2 :

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is competent to file a complaint under Section 22 of the MMDR Act and the Rules framed there under as authorised by SRO 824/10 dated 16.08.2010. The authorised Officer shall decide whether on facts the discretion conferred under the provisions for compounding of offences under the MMDR Act and the related rules is to be exercised; which is at the sole discretion of the officer. If it is so decided to compound the offence, following the judgment in W.P(C) No.17365/2016 and connected cases, dated 26.05.2016, the petitioner would be directed to produce the registration certificate of the vehicle before the 2^nd respondent-Geologist, who shall assess the quantity of gravel earth that could be carried in the vehicle and calculate double the value of such gravel earth and double the amount of royalty payable to the Government. The minimum compounding fees in addition to the computation directed above shall be Rs.50,000/-, as

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WPC.No.39418//2016

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: 3 :

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directed in the aforecited judgment.

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