Petitioner sought release of seized lorry and opportunity to compound offence. Court dismissed request, directing authorities to dispose of compounding application within two weeks after hearing.
Directing respondents to decide compounding application within two weeks.
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 AMIT RAWAL
TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941
WP(C).No.2974 OF 2020(V)
PETITIONER:
SURESH KUMAR A. AGED 40 YEARS, S/O. NARAYANAN NAIR M., KUNDAMPURA HOUSE, MUNNAD P. O., CHENGALA (VIA), KASARAGOD DIST., (OWNER OF LORRY BEARING REGISTRATION NO. KL 14 K 3489.
BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM
RESPONDENTS:
KASARAGOD DISTRICT - 671 530.
BY SRI RAJASEKHARAN NAIR, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner approached this Court seeking the
following prayer:
2. Direct the first respondent to give an opportunity to the petitioner for compounding alleged offence under Rule 32 of the Kerala Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015.
3. Issue such other writ or orders or directions, which this Honourable court may deem fit and proper in the interest of justice and circumstances of the case.”
bearing registration No.KL-14/K 3489 has been seized by
the 3rd respondent, Tahsildar, Vellarikkund Taluk, Kasaragod District, alleged to be in violation of the provisions of Kerala Minor Mineral Concession Rules, 2015 and Kerala Minerals (Prevention of Illegal mining, Storage and Transportation) Rules, 2015. The seizure of the vehicle is evident from Ext.P1. However, as per the provisions of the Rules aforementioned, the Geologist and
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the District Collector are the competent authorities to file complaint before the Court, in connection with the seizure.
In view of the afore submission, this writ petition is disposed of with liberty to move an application for compounding on compliance of this order. On submission of such application for compounding by the petitioner, the competent authority among the respondents shall take appropriate decision on the same, in accordance with law, after affording an opportunity of hearing to the petitioner,
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within a further period of two weeks.
In the result, the writ petition stands disposed of.
Sd/-
AMIT RAWAL, JUDGE
Skk//12022020
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPORT AND MAHAZAR DATED 25.1.2020 WITH ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE 3RD RESPONDENT DATED 27.1.2020 WITH ENGLISH TRANSLATION. EXHIBIT P3 TRUE COPY OF THE G.O.(MS). NO.51/17ID DATED 21.6.2017. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 20.5.2019 IN W.P.C. NO.13675 OF 2019.
RESPONDENTS' EXHIBITS: NIL
Suresh Kumar A.
The District Geologist
The District Collector
Tahsildar Vellarikkund Taluk
The Village Officer
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
