Muhammed Sabir vs. The Senior Geologist, Mining And Geology - Kerala High Court, 02 April 2018

Heard together (2 matters)

W.P(C) 29023/2016

W.P.(C) No.9645 of 2018

Read from the judgment's own cause title. This page is filed under one of them.

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940 WP(C).No. 9645 of 2018 PETITIONER MUHAMMED SABIR, PROPRIETOR, M/S. SHA TRADERS AND MINERALS, NO. 310/2, KANKOL, TALIPARAMBA, KANNUR DISTRICT - 670 141. BY ADV.SRI.O.D.SIVADAS RESPONDENTS 1. THE SENIOR GEOLOGIST, MINING AND GEOLOGY, DISTRICT OFFICE, CIVIL STATION, KASARAGOD - 671 123. 2. THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT - 671 323. BY GOVERNMENT PLEADER SRI. MANU RAJ K.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9645 of 2018 (E) APPENDIX PETITIONER'S EXHIBITS EXHIBIT-P1 TRUE COPY OF THE DEALERS LICENCE ISSUED BY THE 1ST RESPONDENT DATED 29/12/2017 FOR KASARAGOD DISTRICT. EXHIBIT-P2 TRUE COPY OF THE DEALERS LICENCE ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KANNUR DATED 05/10/2017 FOR KANNUR DISTRICT. EXHIBIT-P3 TRUE COPY OF THE CERTIFICATE OF GST REGISTRATION ISSUED TO THE PETITIONER'S ESTABLISHMENT EXHIBIT-P4 TRUE COPY OF THE FIR IN CRIME NO.269/2018 OF HOSDURG POLICE STATION EXHIBIT-P5 TRUE COPY OF THE BILL NO. 22 DATED 08/03/2018 EXHIBIT-P6 TRUE COPY OF THE TRANSIT PASSES ISSUED BY THE DISTRICT MINING OFFICER, NANDED, MAHARASTHRA EXHIBIT-P7 TRUE COPY OF THE E-WAY BILL GENERATED FOR TRANSPORTATION EXHIBIT-P8 TRUE COPY OF THE G.O(P) 77/2015/ID DATED 05/06/2015 PUBLISHED VIDE S.R.O.NO.375/2016 ISSUED BY THE GOVERNMENT EXHIBIT-P9 TRUE COPY OF THE JUDGMENT DATED 08/09/2016 IN W.P(C) 29023/2016 RENDERED BY THIS HONOURABLE COURT RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD A.K.JAYASANKARAN NAMBIAR, J. ======================== W.P.(C) No.9645 of 2018 ======================== Dated this the 2nd day of April 2018

JUDGMENT The petitioner, who is the registered owner of a vehicle bearing Registration No.KA-19-AA-9304, is aggrieved by the seizure of the said vehicle by the 2nd respondent.

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, Senior Geologist. Taking note of the said submission of the learned Government Pleader, on instructions, I dispose the writ petition with the following

W.P.(C) No.9645 of 2018 2 directions: (i) The 1st respondent, 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 vehicle 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