Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945 WP(C) NO. 13980 OF 2012 PETITIONER/S: ANIL KUMAR AGED 42 YEARS SUNIL SADANAM, KARICHIYIL, ATTINGAL,THIRUVANANTHAPURAM DISTRICT, FROM K.V.HOUSE,KAVALAYOOR, MANAMBOOR, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.M.R.RAJESH SRI.K.M.ALEXANDER RESPONDENT/S: 1 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM DISTRICT, COLLECTORATE,KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695001. 2 THE GEOLOGIST MINING AND GEOLOGY DISTRICT OFFICE,KESAVADASAPURAM, PATTOM PALACE P.O.,THIRUVANANTHAPURAM - 695 004. 3 THE SUB INSPECTOR OF POLICE ATTINGAL POLICE STATION, ATTINGAL,THIRUVANANTHAPURAM DIST. PIN - 695101. OTHER PRESENT: SMT.DEEPA NARAYANAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 4th day of July, 2023 This writ petition is filed seeking following reliefs:-
(1) issue a writ in the nature of certiorari or
other appropriate writ, direction or order calling for the records leading to Ext.P11 (Order No. B6- respondent) and quashing the same in so far as the same imposed a penalty above Rs.5000/- based on Ext.P4 report of the 3rd respondent;
(ii) declare that for the violation if the KMMC
Rules alleged in Ext.P4 report of the 3rd respondent involving the vehicles (Earth Mover (JCB) bearing Reg. No. KL-16-G-6558 and two Tippers bearing Reg. No. KL-16-H-3634 and Reg. No. KL-16-F-5391) only a single penalty can be imposed on composition of the violation U/Rule 60A of the KMMC Rules;
(iii) issue a writ in the nature of mandamus or
other appropriate writ, direction or order
commanding the 1st respondent to immediately refund Rs. 60,000/- which was imposed and paid as penalty in excess of Rs. 5000/- stipulated U/Rule 58 of the KMMC Rules,
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for
the petitioner that petitioner is owner in possession of an Earth Mover (JCB) bearing Reg. No. KL-16-G-6558 and two Tippers bearing Reg. KL-16-H- 3634 and Reg. No. KL-16-F-5391 respectively.
4. On 11.04.2012, all three vehicles were
seized on the allegation that the same were used for illegal mining of ordinary earth. Seizure mahazars were prepared as evidenced by Ext.P5. The petitioner had approached this Court seeking compounding of the offences and the respondent was directed to consider the same. The petitioner thereafter preferred Ext.P9 detailed representation before the District Collector which was directed to be considered by Ext.P10 judgment dated 24.05.2012. It is submitted that for the sole ground that the petitioner had approached this Court, Ext.P11 order was passed by the District Collector on 11.06.2012 requiring the petitioner to pay separate amounts of Rs. 20,000/- each for the vehicle bearing Reg. No. KL-16-H-3634 and KL-16-G-6558 and Rs. 25,000/- for release of KL- 16-F-5391.
5. The learned counsel for the petitioner
submits that the amount of Rs.65,000/- demanded had been paid by the petitioner under protest and this writ petition has been filed. The learned counsel for the petitioner would also contend that Ext.P13 and P14 will show that only nominal amounts i.e. Rs.5100/- in the case of Ext.P13 and Rs.15000/- in the case of Ext.P14 have been collected by the very same officer as compounding fees in respect of identical offences. The learned counsel for the petitioner would also contend that since there is only one offence involved, only Rs.5000/- would have been imposed on the petitioner and the balance amounts are to be released.
6. The learned Government Pleader submits that
three vehicles had been seized and the petitioner had submitted compounding application in respect of all three, which is the reason why, three separate amounts had sought to be realized. It is submitted that even if the contention of the petitioner that one of the vehicles was empty at the relevant time, is taken into account, the petitioner has to pay the compounding fees in respect of the JCB and one tipper lorry which is found to be loaded with ordinary earth without any permit for its transport.
7. Having considered the contentions advanced,
I am of the opinion that since the petitioner had submitted application in respect of the compounding the offence, the respondents would have proceeded only with respect to the JCB which was allegedly used for illegal mining of ordinary earth and the Tipper lorry which was found loaded with ordinary earth for transport without supporting documents. Since the 3rd vehicle was admittedly empty at the time of seizure as evidenced by Ext.P4, no proceeding would have been taken by the respondents as against the same.
8. In the above view of the matter, this writ
petition is ordered directing the respondents to refund an amount of Rs.55,000/- retaining Rs.10,000/- as compounding amount in respect of the JCB and one of the tipper lorries which was found to be loaded at the time of seizure. Appropriate steps shall be taken within three months from the date of receipt of the judgment. The writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE SM APPENDIX OF WP(C) 13980/2012 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE EARTH MOVER BEARING REG.NO.KL-16-G-6558. Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF 16-H-3634. Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF 16-F-5391. Exhibit P4 A TRUE COPY OF THE REPORT GIVEN TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. Exhibit P5 A TRUE COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT. Exhibit P6 A TRUE COPY OF THE REQUEST GIVEN BY SUNILKUMAR. Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 11/05/2012 IN W.P.(C) 11014/2012 OF THIS HON'BLE COURT. Exhibit P8 A TRUE COPY OF THE PETITION DATED 17/05/2012 SUBMITTED TO THE 1ST RESPONDENT. Exhibit P9 A TRUE COPY OF THE COMPOUNDING PETITION DATED Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 24/05/2012 IN W.P.(C) 11746/2012. Exhibit P11 A TRUE COPY OF THE ORDER NO.B6-39875/12 DATED Exhibit P12 A TRUE COPY OF THE RECEIPT DATED 12/06/2012 ISSUED BY THE 1ST RESPONDENT. Exhibit P13 A TRUE COPY OF THE ORDER NO.B6-32012/12 DATED Exhibit P14 A TRUE COPY OF THE ORDER NO.B6-37712/12 DATED APPENDIX OF WP(C) 13980/2012 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE EARTH MOVER BEARING REG.NO.KL-16-G-6558. Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF 16-H-3634. Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF 16-F-5391. Exhibit P4 A TRUE COPY OF THE REPORT GIVEN TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. Exhibit P5 A TRUE COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT. Exhibit P6 A TRUE COPY OF THE REQUEST GIVEN BY SUNILKUMAR. Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 11/05/2012 IN W.P.(C) 11014/2012 OF THIS HON'BLE COURT. Exhibit P8 A TRUE COPY OF THE PETITION DATED 17/05/2012 SUBMITTED TO THE 1ST RESPONDENT. Exhibit P9 A TRUE COPY OF THE COMPOUNDING PETITION DATED Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 24/05/2012 IN W.P.(C) 11746/2012. Exhibit P11 A TRUE COPY OF THE ORDER NO.B6-39875/12 DATED Exhibit P12 A TRUE COPY OF THE RECEIPT DATED 12/06/2012 ISSUED BY THE 1ST RESPONDENT. Exhibit P13 A TRUE COPY OF THE ORDER NO.B6-32012/12 DATED Exhibit P14 A TRUE COPY OF THE ORDER NO.B6-37712/12 DATED