Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN TUESDAY, THE18H DAY OF FEBRUARY201429TH MAGHA, 1935 WP(C).No. 4540 of 2014 (N) --------------------------- PETITIONER(S): -------------------------- 1. ARIVALAGAN, S/O.JAYARAJ, DOOR NO.2/23, SOWTHAPURAM P.O., NAMAKKAL, TAMILNADU STATE, PIN-637 211.
2. MOHAMMED RIYAS, S/O.KAREEM, 2/222, POTTASSERI HOUSE, KALLEKKAD POST, PIRAYIRI, PALAKKAD.
3. NAZAR K., S/O.KUNJU MUHAMMED, 16/681, KIZHAKKUMURI, KODUNTHIRAPULLY, PIRAYIRI P.O., PALAKKAD. BY ADVS.SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-691 001.
2. DISTRICT COLLECTOR, PALAKKAD-678 001.
3. SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. BY SR. GOVERNMENT PLEADER SRI.K.C.VINCENT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1802-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4540 of 2014 (W) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- COPY OF REGISTRATION CERTIFICATE OF JCB BEARING REG.NO. TN-32-S-8588. P2:- COPY OF REGISTRATION CERTIFICATE OF TIPPER LORRY BEARING REG.NO. KL-19-AB-777. P3: COPY OF REGISTRATION CERTIFICATE OF TIPPER LORRY BEARING REG.NO. KL-9-V-2941. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- TRUE COPY P.A. TO JUDGE VPV P.N.RAVINDRAN, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)No.4540 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 18th day of February, 2014 JUDGMENT
The first petitioner is the owner of an excavator bearing registration No.TN-32-S-8588. The second petitioner is the owner of a tipper lorry bearing registration No.KL-10-AB-777. The third petitioner is the owner of a tipper lorry bearing registration No.KL- 09-V-2941. These motor vehicles were seized by the third respondent on 4.2.2014 on the allegation that they were used to excavate and remove ordinary earth without authority and permission thereby violating the provisions contained in the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967. In this writ petition the petitioners pray for an order directing the second respondent to consider the requests made by them to compound the offences alleged against them and to direct the second respondent to release the vehicles after such compounding.
2. This Court has in identical circumstances disposed of W.P. (C)No.1342 of 2014 by directing the competent authority to compound the offence upon payment of the sum of Rs.25,000/- W.P.(C)No.4540 of 2014 2 and by directing release of the motor vehicle involved upon such payment. It was also observed that once the offence is compounded, no prosecution shall be initiated against the petitioner, as held by this Court in Digil v. Sub Inspector of Police [2013 (1) KLT600. In such circumstances, I dispose of the writ petition with a direction to the third respondent to accept the applications submitted by the petitioners to compound the offences alleged against them upon payment of the sum of Rs.25,000/- as compounding fee in respect of each vehicle and to release the vehicle to the petitioners on the day the payment of the sum of Rs.25,000/- is effected. Needless to say, once the offence is compounded no prosecution shall be initiated against the petitioners in respect of the incidents which led to the instant writ petition. If a report has already been lodged in the competent criminal court a further report to the effect that the offence has been compounded shall be filed. Sd/- P.N.RAVINDRAN JUDGE vpv