Kerala High Court
Abdul Jaleel vs State Of Kerala on 18 November, 2016
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939
WP(C).No. 5776 of 2018
PETITIONER(S):
ABDUL JALEEL, S/O. KOCHU KUNJU,
AGED 52 YEARS, KADAMBATTUVILA VEEDU, NEDUMBANA P.O.,
NEDUMBANA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT
(OWNDER OF LORRY BEARING REGISTRATION NO. KL-02-AV-5534)
BY ADV.SRI.JITHIN VARGHESE
RESPONDENT(S):
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, OINDUSTRIES
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE SUB INSPECTOR OF POLICE,
ANCHAL POLICE STATION, KOLLAM DISTRICT-683301.
3. THE DISTRICT COLLECTOR, KOLLAM DISTRICT-683301.
4. THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
CIVIL STATION, KOLLAM DISTRICT-683301.
5. THE DIRECTOR, MINING AND GEOLOGY,
OFFICE OF THE MINING AND GEOLOGY, KESAVADASAPURAM,
PATTAM, THIRUVANANTHAPURAM-695001.
R BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 5776 of 2018 (V) 2
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE ORDER OF THE FOURTH RESPONDENT DATED 18.11.2016
IN IDENTICAL MATTER.
EXHIBIT P2: TRUE COPY OF THE ORDER OF THE FIFTH RESPONDENT DATED 15.11.2016 IN
IDENTICAL MATTER.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.5776 OF 2018 (V)
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Dated this the 2nd day of March, 2018
JUDGMENT
The petitioner, who is the registered owner of a lorry bearing Registration No.KL-02-AV-5534, is aggrieved by the seizure of the said vehicle by the 2nd respondent.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
When the matter came up for orders today, it is submitted by the learned Government Pleader, on instructions, that the seizure by the 2nd respondent was in connection with an offence alleged under the Mines and Minerals (Development and Regulation) Act, 1957 and Kerala Minor Mineral Concession Rules, 2015, and the report regarding the seizure has been forwarded to the 4 th respondent District Geologist. Taking note of the said submission of the learned Government Pleader, on instructions, I dispose the writ petition with the following directions:
W.P.(C).No.5776/2018 2
(i) The 4th respondent District Geologist, before whom the 2nd respondent has forwarded the report regarding seizure, shall forthwith, and at any rate within a period of one week from the date of receipt of a copy of this judgment, take a decision as regards whether an offence as alleged is made out against the petitioner necessitating further steps for prosecution.
(ii) If the 4th respondent finds that no offence is made out, he shall forthwith release the vehicle to the petitioner, without any further delay. If, on the other hand, the 4 th respondent finds that the petitioner is liable to be prosecuted, he shall, if the offence is one that can be compounded, permit the petitioner to compound the same on payment of the prescribed compounding fee. The vehicle shall be released forthwith on realisation of the compounding fee.
(iii) If the petitioner chooses not to compound the offence, the 4th respondent shall initiate steps for prosecution of the offence in accordance with the statutory provisions.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/2/3/18