IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 19361 of 2011(U) ---------------------- PETITIONER : --------------------- BRIGHT, SON OF PORINJU, AGED 29 YEARS, RESIDING AT KALIPPARAMBIL HOUSE, MAROTTICHAL (P.O.), MANNAMANGALAM VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, (OWNER OF THE JCB BEARING REGISTRATION NO. KL-8-AL-8896). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------------- 1. JUNIOR SUPERINTENDENT, TALUK OFFICE, CHAVAKKADU TALUK, THRISSUR, PIN 680 001. 2. REVENUE DIVISIONAL OFFICER (RDO), THRISSUR, PIN 680 001. 3. THAHASILDAR, CHAVAKKADU TALUK, THRISSUR, PIN 680 001. R1 TO R3 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, ALONG WITH WP(C) NO. 19362 OF 2011 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 19361 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE MAHAZAR DATED 29.05.2011 PRPARED BY THE FIRST RESPONDENT. EXT.P2 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 30.5.2011. EXT.P3 : COPY OF THE COMMON JUDGMENT DATED 3.6.2011 IN WPC NO. 14948/2011 ON THE FILE OF THIS HONOURABLE COURT. EXT.P4 : COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 7.6.2011. EXT.P5 : COPY OF THE RECEIPT DATED 8.6.2011 ISSUED BY THE THAHASILDAR, CHAVAKKAD TO THE PETITIONER. EXT.P6 : COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 8.6.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J ....................................................... W.P.(C)s.19361, 19362, 19363, 19394, 19395 & 19423/2011 .............................................. Dated this the 26th day of July, 2011 JUDGMENT 1.Petitioners are the owners of JCBs. Ext.P1 in these writ petitions are mahazars prepared on 27.4.2011 evidencing seizure of JCBs. These mahazars indicate that seizure was effected for initiating proceedings under Section 133 of Cr.P.C. 2.Ext.P4 in these writ petitions are the final orders passed by the Revenue Divisional Officer. These orders refer to applications made by the petitioners for compounding the offence, in terms of the provisions contained in the Kerala Minor Mineral Concession Rules. It is further stated that accepting the compounding applications, fine has been levied and on that basis vehicles have been released to the petitioners. 3.Learned Government Pleader has produced the compounding applications made by the petitioners which show that specific requests were made by the petitioners requesting for compounding the offence. W.P.(C).19361/11 & Connected cases 2 4.Petitioners contend that there is no provision for compounding the proceedings initiated under Section 133 of Cr.P.C. It is also their case that they were compelled to give applications for compounding, on the basis of which the impugned orders have been passed. 5.While it is true that there cannot be any compounding of the application under Section 133 of Cr.P.C, Ext.P4 orders show that ultimately the proceedings initiated against the petitioners were for violation of the provisions contained under the Kerala Minor Mineral Concession Rules and not under Section 133 Cr.P.C. These rules permit compounding of the offences thereunder and applications have been made by the petitioners for compounding of offence. It is true that the petitioners do have a case that they were compelled to give the compounding applications. This allegation has been specifically denied by the respondents. In my view, such a disputed question cannot be decided in a writ petition. W.P.(C).19361/11 & Connected cases 3 6.Having regard to the admitted case that compounding has been allowed on the basis of the applications made by the petitioners, these writ petitions cannot be entertained and are liable to be dismissed. Accordingly the writ petitions are dismissed. ANTONY DOMINIC, Judge mrcs