IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14823 of 2009(W) -------------------------- PETITIONER(S): --------------- NOORSHAN K., S/O.VEERAVU, AGED 22 YEARS, KOMATHETHIL HOUSE, MOOKKUTHALA P.O., KANCHIYOOR VILLAGE, PONNANI TALUK, MALAPPURAM, (OWNER OF A LORRY BEARING REGN. NO.KL-07-AD-4523) BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION. 4. THE DISTRICT GEOLOGIST, MALAPPURAM DISTRICT. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).14823/2009 -------------------- Dated this the 1st day of June, 2009 JUDGMENT The minor minerals transported by the petitioner in a lorry was seized by the third respondent and a crime was registered for offences under the Mines and Mineral (Development and Regulation) Act and the Rules framed thereunder. Petitioner has approached the respondents for release of the vehicle and he has also submitted an application, Ext.P4, for compounding the offence. 2. I heard learned Government Pleader also. It is affirmed that the third respondent is competent to compound the offence under the Act and Rules. 3. In the circumstances, third respondent shall proceed to consider Ext.P4 and take a decision thereon in accordance with law. This shall be done within ten days from the date of receipt of a copy of this judgment. After the offence is compounded W.P.(C).14823/2009 2 and if fine and penalty is paid by the petitioner, the orders shall be produced before the District Collector who shall proceed to pass orders in accordance with law with regard to the release of the vehicle without any delay thereafter. Writ petition is disposed of as above. V.GIRI, Judge mrcs