Suku vs the Geologist

SUKU vs The Geologist

Type Court Judgment Court Kerala Decided Feb 01, 2022

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https://sooperkanoon.com/case/1439547

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Citation: sooperkanoon.com/1439547
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Feb 01, 2022
Case Number: WP(C)/20/2022

Parties & Advocates

Appellant / Petitioner

SUKU

Respondent

The Geologist

Excerpt

.....2022 this writ petition is filed seeking directions to the respondents to accept the application for compounding and to compound the offence under section 23a of the mines and minerals development and regulation act, 1957 (for short, 'the mmdr act') read with rule 60a of the kerala minor mineral concession rules, 2015 (for short, 'the kmmc rules') after accepting the compounding fee.2. the learned counsel for the petitioner submits that thepetitioner's tipper lorry bearing registration no.kl-71/g-4556 had been seized by the 2nd respondent on 29.12.2021 and that the same has not been forwarded to the 1st respondent.3. the learned government pleader submits, oninstructions, that there were allegations under the land conservancy act as well and that the details of the vehicle and the seizure had been forwarded to the district collector.4. the petitioner has taken steps to implead the districtcollector, malappuram as a party to this writ petition as well. in the above view of the matter, there will be a direction to the 2nd respondent to forward the details of the seizure, if the -: 3 :- same has not already been forwarded to the additional 3 rdrespondent. the additional 3rd respondent shall examine the matter and shall pass appropriate orders on the request made by the petitioner for release of the vehicle, after hearing the petitioner as well. orders shall be passed within a period of two weeks from the date of receipt of a copy of this judgment, after putting the petitioner on notice and after hearing him through any appropriate means including video conferencing.this writ petition is ordered accordingly. sd/- anu sivaraman judge jvt/1.2.2022 -: 4 :- appendix of wp(c) 20/2022 petitioner exhibits exhibit p1 true photocopy of the certificate of registration in respect of vehicle no. kl-71-g- 4556. exhibit p2 true photocopy of the sale agreement dated 22.01.2021 executed before the notary public. exhibit p3 true photocopy of the judgment.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943 PETITIONER :- SUKU, AGED 44 YEARS SON OF THEYYUNNI, POOZHIKUNNUMMEL HOUSE, KALIKAVU, MALAPPURAM DISTRICT, PIN - 676 525. BY ADV NIREESH MATHEW RESPONDENTS :- 1 THE GEOLOGIST MINING & GEOLOGY DEPARTMENT, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT, PIN - 676 121. 2 THE STATION HOUSE OFFICER, MELATTUR POLICE STATION, MALAPPURAM DISTRICT, PIN - 679 326. ADDL.3 THE DISTRICT COLLECTOR CIVIL STATION, MALAPPURAM, PIN - 676 121.

ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER ORDER

DATED 1.02.2022 IN I.A.No.1/2022. BY SRI.SYAMANTHAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-

JUDGMENT

Dated this the 1st day of February, 2022 This writ petition is filed seeking directions to the respondents to accept the application for compounding and to compound the offence under Section 23A of the Mines and Minerals Development and Regulation Act, 1957 (for short, 'the MMDR Act') read with Rule 60A of the Kerala Minor Mineral Concession Rules, 2015 (for short, 'the KMMC Rules') after accepting the compounding fee.

2. The learned counsel for the petitioner submits that the

petitioner's tipper lorry bearing Registration No.KL-71/G-4556 had been seized by the 2nd respondent on 29.12.2021 and that the same has not been forwarded to the 1st respondent.

3. The learned Government Pleader submits, on

instructions, that there were allegations under the Land Conservancy Act as well and that the details of the vehicle and the seizure had been forwarded to the District Collector.

4. The petitioner has taken steps to implead the District

Collector, Malappuram as a party to this writ petition as well. In the above view of the matter, there will be a direction to the 2nd respondent to forward the details of the seizure, if the -: 3 :- same has not already been forwarded to the additional 3 rd

respondent. The additional 3rd respondent shall examine the matter and shall pass appropriate orders on the request made by the petitioner for release of the vehicle, after hearing the petitioner as well. Orders shall be passed within a period of two weeks from the date of receipt of a copy of this judgment, after putting the petitioner on notice and after hearing him through any appropriate means including video conferencing.

This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE Jvt/1.2.2022 -: 4 :- APPENDIX OF WP(C) 20/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLE NO. KL-71-G- 4556. Exhibit P2 TRUE PHOTOCOPY OF THE SALE AGREEMENT DATED 22.01.2021 EXECUTED BEFORE THE NOTARY PUBLIC. Exhibit P3 TRUE PHOTOCOPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 27376/2020 DATED 11.12.2020.

Same Court & Year Kerala · 2022 Same Parties SUKU vs The Geologist Same Judge Honourable Mrs. Justice Anu Sivaraman