IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 6573 of 2010(V) ------------------------------------- PETITIONERS: --------------------- 1. DILEEP, S/O.OORAPPAN, AGED 30 YEARS, KUNNATHPURAKKAL HOUSE, ALAMKOD AMSOM, THAKKIDIPURAM DESOM, ALAMKODU VILLAGE, PONNANI TALUK. 2. VIPIN T., S/O.JAYAPALAN, AGED 27 YEARS, THEEYAMTHURUTHY, ANANTHAOOR P.O., VALIYAPARAVUR, MALAPPURAM. BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT. 2. THE DISTRICT GEOLOGIST, MALAPPURAM DISTRICT. 3. THE DISTRICT COLLECTOR, MALAPPURAM. R1 TO R3 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6573/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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-7-BC- 1755. 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.6573/2010 -: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