Dismissed

Anilkumar v. the Station House Officer

Kerala HC14 Feb 2020WP(C)/4205/2020

Case brief

AI extract

What is this about?

Writ petition filed by vehicle owners seeking directions to compound offences under the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015. Court directed the 2nd Respondent to consider the compounding application and pass orders within one week.

What did the court decide?

Directing the 2nd Respondent to consider the petitioners' request to compound the offence and pass appropriate orders within one week.

Anilkumar Vs the Station House Officer — Company and Corporate | Kerala HC (2020)

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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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FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941

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WP(C).NO.4205 OF 2020(A)

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PETITIONERS :

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1 ANILKUMAR, AGED 35 YEARS, S/O.MALUKUTTY, KARIMBANPOTTA HOUSE, P.O.FAROOK COLLEGE, KOZHIKODE DISTRICT, (REGISTERED OWNER OF VEHICLE BEARING REG.NO.KL-41/9216-LGV TIPPER).

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2 RENJITH, KOLAMBILTHODI, KULAMANGALAM, VALANCHERRY, MALAPPURAM DISTRICT, (REGISTERED OWNER OF VEHICLE BEARING REG.NO.KL-08/AG.5835-LGV TIPPER).

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3 MOHAMMED KOYA,

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S/O.SAIDALAVI KOYA, VALIYAKATHODI HOUSE, THOZUVANNUR, VALANCHERRY, MALAPPURAM DISTRICT, (REGISTERED OWNER OF VEHICLE BEARING REG.NO.KL-11/A.8084-LGV TIPPER).

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4 VIVEKANANDAN,

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S/O.MUTHUSWAMY, DOOR NO.2152, CHINNAKAPPAM P.O., PAPPIRAPADI TALUK, TAMIL NADU, (REGISTERED OWNER OF VEHICLE BEARING REG.NO.KA-08M/3427-JCB).

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BY ADVS.

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SRI.K.K.MOHAMED RAVUF

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SRI.P.CHANDRASEKHAR

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RESPONDENTS :

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1 THE STATION HOUSE OFFICER, VALANCHERRY POLICE STATION, VALANCHERRY, MALAPPURAM DISTRICT-676 552.

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2 THE GEOLOGIST,

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OFFICE OF THE MINING AND GEOLOGY, DISTRICT OFFICE, MANJERI, MALAPPURAM DISTRICT-676 121.

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SRI MANURAJ K.J., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4205 OF 2020(A)

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JUDGMENT

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The petitioners herein are the owners of certain vehicles which were seized on 2.1.2020 for alleged violation of the provisions of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015.

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The learned counsel, referring to Section 23A of the MMDR Act, 1957, and Rule 32 of the Transportation Rules, 2015, prays for issuance of necessary directions to the 2^nd respondent to permit the petitioners to compound the offence as per the Rules.

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Heard the learned Government Pleader.

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Having considered the submissions advanced, it is ordered that if the petitioners approach the 2^nd respondent and seek for compounding the offence, the 2^nd respondent shall consider the same and pass appropriate orders in terms of the statutory provisions expeditiously,

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at any rate, within a period of one week from the date of receipt of a copy of this judgment.

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This petition is disposed off.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C).No.4205 OF 2020(A)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REG.NO.KL-41/9216(LGV TIPPER). EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REG.NO.KL-08/AG.5835(LGV TIPPER). EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE BEARING REG.NO.KL-41/A-8084(LGV TIPPER). EXHIBIT P4 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE (JCB) BEARING REG.NO.KA-08M/3427. EXHIBIT P5 TRUE COPY OF THE SEIZURE MAHAZAR DATED 02.01.2020. EXHIBIT P6 TRUE COPY OF THE FORWARDING LETTER BEARING NO.2/TDR/G1/20 DATED 02.01.2020 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

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RESPONDENT(S) EXHIBITS: NIL

Anilkumar v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Anilkumar v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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