IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 3938 of 2008(R) ------------------------- PETITIONER: --------------- UNNIKUTTAN K.G., AGED 32 YEARS S/O.GIRIJAVALLABHAN, KUPPATHIL HOUSE CHIRAKKACODE, VELLANIKKARA P.O., THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ----------------- 1. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. TAHSILDAR, NEDUMANGAD TALUK. 3. DEPUTY TAHSILDAR, NEDUMANGAD TALUK. 4. VILLAGE OFFICER, VEMBAYAM VILLAGE OFFICE THIRUVANANTHAPURAM DT. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 3938 OF 2008 R ==================== Dated this the 3rd day of March, 2008 J U D G M E N T The prayer in this writ petition is to direct the respondents not to interfere with the working of JCB covered by Ext.P1 under the guise of Minor Mineral Concession Rules. The petitioner relies on Ext.P5 notification and Ext.P6 judgment. Now that the respondents have made available a notification dated 3/2/2000 issued by the Government of India declaring ordinary earth as also a minor mineral in terms of the provisions contained in the Mines and Minerals (Development and Regulation) Act, 1957, it is open to the respondents to take action in case there is violation of the provisions contained in the MMDR Act, 1957. However, a reading of the provisions of the Act provides that if offence is committed under the said Act, it is open to the offender to apply to the authorised officer for compounding the offence. Taking into account the aforesaid facts, since the JCB is still WPC 3938/08 :2 : under detention, I dispose of this writ petition making it clear that it will be open to the petitioner to apply to the authorised officer for compounding the offence, in which case the authorised officer shall consider the application, as expeditiously as possible, at any rate within four weeks of production of a copy of this judgment and on making an application for compounding. ANTONY DOMINIC,JUDGE. Rp