Fathima vs the Geologist - Court Judgment

SooperKanoon Citationsooperkanoon.com/1323117
CourtKerala High Court
Decided OnApr-23-2024
Case NumberWP(C)/14891/2024
JudgeHonourable Mr.Justice N.Nagaresh
AppellantFathima
RespondentThe Geologist
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice n.nagaresh tuesday, the 23rd day of april 2024 / 3rd vaisakha, 1946 wp(c) no. 14531 of 2024 petitioner: sumayya aged 32 years, w/o. nisar, pappali house, perumanna p.o., kuttippala, chenappuram, malappuram district - 676501. by adv k.rakesh respondents: 1 the geologist department of mining and geology, mini civil station, manjeri, malappuram district - 676121. 2 the revenue divisional officer revenue divisional office, tirur, malappuram district, pin - 676101. 3 the station house officer kalpakancheri police station, malappuram district - 676551. by adv.smt. thushara james, sr. government pleader this writ petition (civil) having come up for admission on 23.04.2024, along with wp(c).14891/2024, the court on the same day delivered the following: :2:in the high court of kerala at ernakulampresent the honourable mr.justice n.nagaresh tuesday, the 23rd day of april 2024 / 3rd vaisakha, 1946 wp(c) no. 14891 of 2024 petitioner: fathima aged 22 years, d/o. abdul manaf, devar parambil, ozhur, omachapuzha p.o., malappuram district, pin - 676320. by adv k.rakesh respondents:1 the geologist department of mining and geology, mini civil station, manjeri, malappuram district - 676121. 2 the revenue divisional officer revenue divisional office, tirur, malappuram district, pin - 676101. 3 the station house officer kalpakancheri police station, malappuram district, pin - 676551. by adv.smt. thushara james, sr. government pleader this writ petition (civil) having come up foradmission on 23.04.2024, along with wp(c).14531/2024, the court on the same day delivered the following: :3:judgmentdated this the 23rd day of april, 2024 the petitioners state that the petitioners' excavator bearing registration no.kl-54-k-3435 and tipper lorry bearing registration no.kl-11/ae-5997 were seized by the 3 rd respondent alleging illegal transportation of red earth, an offence punishable as per the provisions contained in the kerala minerals (prevention of illegal mining, storage & transportation) rules, 2015.2. it is the primary grievance of the petitioners thatthe vehicles are seized without even furnishing a seizure mahazar to the petitioners and that the seizure is not so far reported to the competent authority, the 1st respondent. the 3rd respondent reported the seizure to the 2 nd respondent, who has no authority whatsoever to deal with the matter. :4:3. the seizure is made as early as on 13.03.2024 ator about 5.00 am from ittikkal-vailathur and that since then the vehicles are exposed to sun and rain in the premises of the kalpakanchery police station and further detention would deteriorate the quality of the vehicle.4. it is therefore to report the seizure of thepetitioners' vehicles to the 1st respondent so as to enable the petitioners to compound the offence as provided under rule 32 of the kerala minerals (prevention of illegal mining, storage & transportation) rules, 2015, this writ petition is filed, contends the counsel for the petitioners.5. as the vehicles seized are exposed to sun andrain, it would be only appropriate that the 3 rd respondent gives a report to the geologist expeditiously so that the petitioners can move the geologist to obtain interim custody of the vehicles. :5:6. the 3rd respondent-station house officer istherefore directed to submit his reports before the 1 st respondent-geologist in respect of the seizure of the excavator and tipper lorry. the 3 rd respondent shall give a report to the 1st respondent within a period of two weeks. on the 3rd respondent submitting such report, it will be open to the petitioner to approach the district geologist for compounding the offence and for getting custody of the vehicle.the writ petitions are disposed of as above. sd/- n. nagaresh judge ams :6: appendix of wp(c) 14531/2024 petitioner's exhibit exhibit p1 a true copy of the certificate of registration of the excavator of the petitioner :7: appendix of wp(c) 14891/2024 petitioner's exhibit exhibit p1 a true copy of the certificate of registration of the tipper lorry of the petitioner.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946 WP(C) NO. 14531 OF 2024 PETITIONER: SUMAYYA AGED 32 YEARS, W/O. NISAR, PAPPALI HOUSE, PERUMANNA P.O., KUTTIPPALA, CHENAPPURAM, MALAPPURAM DISTRICT - 676501. BY ADV K.RAKESH RESPONDENTS: 1 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT - 676121. 2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, TIRUR, MALAPPURAM DISTRICT, PIN - 676101. 3 THE STATION HOUSE OFFICER KALPAKANCHERI POLICE STATION, MALAPPURAM DISTRICT - 676551. BY ADV.SMT. THUSHARA JAMES, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.04.2024, ALONG WITH WP(C).14891/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946 WP(C) NO. 14891 OF 2024 PETITIONER: FATHIMA AGED 22 YEARS, D/O. ABDUL MANAF, DEVAR PARAMBIL, OZHUR, OMACHAPUZHA P.O., MALAPPURAM DISTRICT, PIN - 676320. BY ADV K.RAKESH RESPONDENTS:

1 THE GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, MANJERI, MALAPPURAM DISTRICT - 676121. 2 THE REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, TIRUR, MALAPPURAM DISTRICT, PIN - 676101. 3 THE STATION HOUSE OFFICER KALPAKANCHERI POLICE STATION, MALAPPURAM DISTRICT, PIN - 676551. BY ADV.SMT. THUSHARA JAMES, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 23.04.2024, ALONG WITH WP(C).14531/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3:

JUDGMENT

Dated this the 23rd day of April, 2024 The petitioners state that the petitioners' Excavator bearing registration No.KL-54-K-3435 and Tipper Lorry bearing registration No.KL-11/AE-5997 were seized by the 3 rd respondent alleging illegal transportation of red earth, an offence punishable as per the provisions contained in the Kerala Minerals (Prevention of Illegal Mining, Storage & Transportation) Rules, 2015.

2. It is the primary grievance of the petitioners that

the vehicles are seized without even furnishing a Seizure Mahazar to the petitioners and that the seizure is not so far reported to the competent authority, the 1st respondent. The 3rd respondent reported the seizure to the 2 nd respondent, who has no authority whatsoever to deal with the matter. :4:

3. The seizure is made as early as on 13.03.2024 at

or about 5.00 am from Ittikkal-Vailathur and that since then the vehicles are exposed to sun and rain in the premises of the Kalpakanchery Police Station and further detention would deteriorate the quality of the vehicle.

4. It is therefore to report the seizure of the

petitioners' vehicles to the 1st respondent so as to enable the petitioners to compound the offence as provided under Rule 32 of the Kerala Minerals (Prevention of Illegal Mining, Storage & Transportation) Rules, 2015, this writ petition is filed, contends the Counsel for the petitioners.

5. As the vehicles seized are exposed to sun and

rain, it would be only appropriate that the 3 rd respondent gives a report to the Geologist expeditiously so that the petitioners can move the Geologist to obtain interim custody of the vehicles. :5:

6. The 3rd respondent-Station House Officer is

therefore directed to submit his reports before the 1 st respondent-Geologist in respect of the seizure of the Excavator and Tipper Lorry. The 3 rd respondent shall give a report to the 1st respondent within a period of two weeks. On the 3rd respondent submitting such report, it will be open to the petitioner to approach the District Geologist for compounding the offence and for getting custody of the vehicle.

The writ petitions are disposed of as above. Sd/- N. NAGARESH JUDGE ams :6: APPENDIX OF WP(C) 14531/2024 PETITIONER'S EXHIBIT Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE EXCAVATOR OF THE PETITIONER :7: APPENDIX OF WP(C) 14891/2024 PETITIONER'S EXHIBIT Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE TIPPER LORRY OF THE PETITIONER.