Sakeer C vs Geologist, Mining And Geology Department, Mini Civil Station, Manjeri, Malappuram District 676121

Anu Sivaraman, J

This writ petition is filed seeking the following reliefs :-

“(i) Issue a writ of mandamus or any other appropriate writ, direction or order, commanding the 1st respondent to accept the application for compounding and to

compound the offence under Section 23A of the MMDR Act read with Rule 60A of the KMMC Rules after accepting compounding fee, forthwith.

(ii) Issue a writ of mandamus or any other appropriate writ, direction or order, commanding the respondents to release the JCB, bearing registration No.KL.53/R.3815

and the two tipper lorries bearing registration numbers KL.53/G.9327 and KL.53/J.6698, to the petitioner forthwith.â€​

Heard the learned counsel for the petitioner and the learned Government Pleader.

It is submitted by the learned counsel for the petitioner that the petitioner is the registered owner of a JCB bearing registration No.KL-53/R-3815

and two tipper lorries bearing registration Nos.KL-53/G-9327 and KL-53/J-6698. It is submitted that the vehicles were seized on 17.1.2022 by the 2nd

respondent on the contention that the same were used for mining sand illegally. It is submitted that the petitioner is entitled to seek compounding of the

offences before the 1st respondent.

The learned Government Pleader submits that the vehicles had been seized by the 2nd respondent and the records relating to the seizure have been

forwarded to the 1st respondent.

In the above view of the matter, in case the petitioner approaches the 1st respondent with an application for compounding, the same will be

considered, without delay, at any rate, within two weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.