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Muhammed Sabir vs. The Senior Geologist

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WP(C)/9952/2018HC KeralaGSTCNR KLHC01041542201806 April 2018Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR4 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 6TH DAY OF APRIL 2018 / 16TH CHAITHRA, 1940 WP(C).No. 9952 of 2018 PETITIONER(S): MUHAMMED SABIR, PROPRIETOR, M/S. SHA TRADERS AND MINERALS, NO. 310/2, KANKOL, THALIPARAMBA, KANNUR DISTRICT-670141. BY ADV.SRI.O.D.SIVADAS RESPONDENT(S): 1. THE SENIOR GEOLOGIST, MINING GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KASARAGOD-671123. 2. THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT-671323. R BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2018 ALONG WITH W.P.(C).NO.9956/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9952 of 2018 (T) APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 TRUE COPY OF THE DEALER'S LICENSE ISSUED BY THE 1ST RESPONDENT DATED 29.12.2017 FOR KASARAGOD DISTRICT. EXHIBIT P2 TRUE COPY OF THE DEALER'S LICENSE ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KANNUR DATED 5.10.2017 FOR KANNUR DISTRICT. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF GST REGISTRATION ISSUED TO THE PETITIONER'S ESTABLISHMENT. EXHIBIT P4 COPY OF THE FIR IN CRIME NO. 286/2018 OF HOSDURG POLICE STATION. EXHIBIT P5 TRUE COPY OF THE BILL DATED 12.3.2018 ISSUED BY THE BY SANTHI TRADERS, SINDHUDURGA, MAHARASHTRA. EXHIBIT P6 TRUE COPY OF THE TRANSIT PASSES ISSUED BY THE DISTRICT MINING OFFICER, COLLECTOR OFFICE, SINDHUDURG DATED 12.03.2018. EXHIBIT P7 TRUE COPY OF THE E-WAY BILL GENERATED FOR TRANSPORTATION. EXHIBIT P8 TRUE COPY G.O. (P) 77/2015/ID DATED 5.06.2015 PUBLISHED VISE S.R.O. NO. 375/2016 ISSUED BY THE GOVERNMENT. EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 8.09.2016 IN WP(C) NO. 29023 OF 2016 RENDERED BY THIS HON'BLE COURT. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE prp/ A.K.JAYASANKARAN NAMBIAR, J. ------------------------------- W.P.(C).NO.9952 OF 2018 (T) & W.P.(C).NO.9956 OF 2018 (T) ----------------------------------- Dated this the 6th day of April, 2018

J U D G M E N T The petitioner in both these writ petitions, who is the registered owner of vehicles bearing Registration Nos.TN 42/E 8115 and KA 01/AE 8519, is aggrieved by the seizure of the said vehicles 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 1st respondent Geologist. Taking note of the said submission of the learned

W.P.(C).Nos.9952/2018 & 9956/2018 2 Government Pleader, on instructions, I dispose the writ petitions with the following directions: (i) The 1st respondent 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 1st respondent finds that no offence is made out, he shall forthwith release the vehicles to the petitioner, without any further delay. If, on the other hand, the 1st 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 1st respondent shall initiate steps for prosecution of the offence in accordance with the statutory provisions. A.K.JAYASANKARAN NAMBIAR JUDGE prp/6/4/18

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