IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6682 of 2010(I)
1. SUBRAMANIAN,S/O.RAJAN,AGED 35 YEARS,
... Petitioner
2. T.KOYA,S/O.MUHAMMD,AGED 65 YEARS,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE DISTRICT GEOLOGIST,MALAPPURAM
3. THE DISTRICT COLLECTOR,MALAPPURAM.
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :05/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.6682/2010-I
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Dated this the 5th day of March, 2010
J U D G M E N T
Herein the petitioners are the driver and owner
respectively of a vehicle bearing registration No.KL-52-A-
4580. The above vehicle was seized by the first
respondent-Sub Inspector of Police on 24/02/2010 alleging
removal and transportation of red earth without permission
from the second and third respondents and in violation of
the provisions of the Kerala Minor Mineral and Concession
Rules, 1967. Ext.P1 is the copy of the seizure Mahazar.
2. Seeking for compounding of the offence by invoking
Rule 60A(1) of the Kerala Minor Mineral and Concession
Rules, 1967, the first petitioner-driver has filed Ext.P2
before the first respondent. It is submitted that the
first respondent is not taking any decision in the matter.
There will be a direction to the first respondent to
consider Ext.P2.
3. The learned Government Pleader submitted that
actually the application will lie under Section 23A of the
Mines and Minerals (Development and Regulation) Act, 1957.
There will be a direction to the first respondent to take a
decision on Ext.P2 within a period of seven days from the
date of receipt of a copy of this Judgment in accordance
W.P.(C). No.6682/2010
-:2:-
with law. If the decision is in favour of the petitioners,
the vehicle will be released to the petitioners.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms