Sreeyesh vs The Sub Inspector Of Police on 26 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9726 of 2010(M)


1. SREEYESH, S/O.NARAYANAN, AGED 27 YEARS,
                      ...  Petitioner
2. WINSEN, AGED 28, SON OF THOMAS, RESIDING

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE DISTRICT GEOLOGIST,

3. THE DISTRICT COLLECTOR, THRISSUR.

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :26/03/2010

 O R D E R
                 T.R.RAMACHANDRAN NAIR, J.
                --------------------------------------------
                    W.P.(C)Nos.9726, 9777 &
                             9752 of 2010
               ----------------------------------------------
            Dated this the 26th day of March, 2010

                              JUDGMENT

The petitioners herein seeks for a direction to the Sub

Inspector of Police to consider the application for compounding,

which was filed under Section 60(A)(1) of the Kerala Miner

Mineral Concession Rules 1967.

2. The allegation is that the petitioners transported clay

in the vehicle without permission from the second and third

respondents. The vehicle was seized under a mahazar. The

petitioner is relying upon Ext.P3 judgment of this Court.

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 with law. If the decision is

in favour of the petitioners, the vehicle will be released to the

petitioners.

These writ petitions are disposed of as above. No costs.

T.R.RAMACHANDRAN NAIR, JUDGE

skj