Shajan vs State Of Kerala Rep. By Secretary on 17 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25974 of 2010(V)


1. SHAJAN, AGED 39 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY SECRETARY,
                       ...       Respondent

2. DISTRICT COLLECTOR, THRISSUR.

3. GEOLOGIST,

4. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/08/2010

 O R D E R
                       S. SIRI JAGAN, J.
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                  W.P.(C)No.25974 of 2010
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           Dated this the 17th day of August, 2010

                         J U D G M E N T

The petitioner challenges Ext.P6 order passed by the

District Collector Thrissur, under the Kerala Minor Mineral

Concession Rules, 1967, by which the petitioner has been

imposed with a fine of Rs.50,000/- allegedly for violation of

the provisions of the Mines and Minerals (Development and

Regulation) Act, 1957 in the matter of unauthorized

transport of M sand. One of the contentions raised by the

petitioner is that, the District Collector does not have

jurisdiction to pass such an order under the Kerala Minor

Mineral Concession Rules, 1967 or the Mines and Minerals

(Development and Regulation) Act, 1957.

2. The learned Government Pleader while admitting

that the District Collector does not have the power to

impose fine under the Act and Rules submits that, since

there is actual violation of the provisions of the Act, it must

W.P.(C)No.25974 of 2010
-2-

be left to the appropriate authority to proceed with the

matter in accordance with law.

3. Having considered the arguments on both sides, I

dispose of this writ petition as follows:

Ext.P6 is quashed. The appropriate authority having

jurisdiction to proceed further in respect of the violation

noted in Ext.P6 is directed to proceed further in accordance

with law.

The vehicle shall be produced before the concerned

criminal court within a period of one week from the date of

receipt of a certified copy of this judgment. The petitioner

may approach the criminal court for interim custody of the

vehicle.

S. SIRI JAGAN
JUDGE

shg/