Abdul Nazar P.T. vs. State Of Kerala - Kerala High Court, 12 January 2018

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 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939 WP(C).No. 782 of 2018 PETITIONER: ABDUL NAZAR P.T., PROPRIETOR, ATHANIKKAL SANDS, 13/169 G, CNG ROAD, MAMPAD, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADVS.SRI.P.SAMSUDIN SRI.JITHIN LUKOSE RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, CIVIL STATION, KASARGOD -671 123. 3. THE STATION HOUSE OFFICER, MANJESWAR POLICE STATION, KASARGOD DISTRICT-671 323. R1 TO R3 BY GOVERNMENT PLEADER SRI.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 782 of 2018 (W) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1. COPY OF THE PROVISIONAL GST REGISTRATION CERTIFICATE DATED 28.6.17. EXHIBIT P2. COPY OF THE GOVERNMENT ORDER [M.S] NO.161/09/ID DATED 14.12.09. EXHIBIT P3. COPY OF THE GOVERNMENT ORDER NO.58289/P3/2010/REVENUE DATED 11.11.10. EXHIBIT P4. COPY OF THE COMMUNICATION DATED 24.8.15 ISSUED BY THE POLICE DEPARTMENT. EXHIBIT P5. COPIES OF THE INVOICE NO.73 AND 74 DATED 2.1.18. EXHIBIT P6. COPIES OF THE TRANSIT PASSES DATED 2.1.18. EXHIBIT P7. COPIES OF THE REPORTS OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P8. COPIES OF THE SEIZURE MAHSARS DATED 3.1.18. EXHIBIT P9. COPY OF THE REPORT DATED 12.4.17 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE sts A.K.JAYASANKARAN NAMBIAR, J. ................................................................... W.P.(C).No.782 Of 2018 (W) ..................................................................... Dated this the 12th day of January, 2018

J U D G M E N T The petitioner, who is the registered owner of goods carriage vehicles bearing Registration Nos.KL-13-Y-5499 and TN 42 M 7114, is aggrieved by the seizure of the said vehicle by the 3rd 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 3rd 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 2nd respondent Geologist. Taking note of the said submission of the learned Government Pleader, on instructions, I dispose the writ petition with the following directions:

W.P.(C).No.782 Of 2018 (W) 2 (i) The 2nd respondent Geologist, before whom the 3rd 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 2nd 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 3rd 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 2nd respondent shall initiate steps for prosecution of the offence in accordance with the statutory provisions. A.K.JAYASANKARAN NAMBIAR

JUDGE mns/12.01.18

W.P.(C).No.782 Of 2018 (W) 3