IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11505 of 2011(K) -------------------------- PETITIONERS --------------- 1. BINOY GEORGE, KONUMADACKAL HOUSE, MUTTAR, ALAPPUZHA DISTRICT. 2. ROBIN ALEX, MADATHILKKALAM HOUSE, CHANGANKARY, EDATHUA, ALAPPUZHA. 3. CHACKO V.J, VADASSERIPARAMBIL HOUSE, VALANJAVATTOM P.O., THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. THE SUB COLLECTOR, THIRUVALLA. 3. THE THASILDAR, THIRUVALLA. 4. T.H.C.JOSE, THEKKEL KOODATHIL, VEROOR MURI, CHETHIPPUZHA VILLAGE, CHANGANASSERRY. BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No.11505 OF 2011 ......................................................................... Dated this the 8th April, 2011 J U D G M E N T The petitioners are the owners of lorries bearing Nos.KL.02/R.6598, KL.04/W. 567 and KL.05/Q. 9802, which were seized on 31.03.2011. allegedly for the offence under the relevant provisions of the Mines and Minerals (Development and Regulation)Act (MMDR Act) read with the relevant provisions of the Kerala Minor Mineral Concession Rules, 1967 (KMMC Rules 1967). Ext.P2 is the mahazar dated 31.03.2011 and Ext.P3 is the report dated 04.04.2011 sent by the second respondent to the first respondent. 2. The case of the petitioners, as projected in Exts. P4 , P5 and P6 representations dated 05.04.2011 is that the petitioners were made to misunderstand by the owner of the land that he was having the requisite permits to remove and transport the ordinary sand and it was accordingly, that the vehicles were W.P.(C) No.11505 OF 2011 2 sent to undertake the operation, simultaneously adding that the petitioners would like to have the offence compounded. The learned counsel for the petitioners submits that appropriate directions might be issued to the first respondent, before whom, Exts.P4 to P6 petitions are pending, to have the offence compounded and to release the vehicles. 3. Heard the learned Government Pleader as well . 4. Considering the facts and circumstances, the first respondent is directed to consider Exts. P4 to P6 representations for permission to compound the offence, forming the subject matter of Exts. P2 and P3. Appropriate orders shall be passed in accordance with law as expeditiously as possible at any rate within 'three weeks' from the date of production of a copy of the judgment along with a copy of the writ petition. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk