IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8239 of 2010(D) ------------------------------------- PETITIONERS: --------------------- 1. SIDHEN, S/O. VELAYUDHAN, AGED 54 YEARS, PARAPPOO PARAMBIL HOUSE, KECHERY DESOM, CHOONDAL VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. (DRIVER OF LORRY BEARING REGN.NO.KL-05/V-8669). 2. GOPI, S/O. KUMARAN, AGED 52 YEARS, MANJERI VEEDU, KAIPPARTAMBU DESOM, KAIPPARAMBU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, (OWNER OF LORRY BEARING REGN.NO.KL-05/V-8669). BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, VADAKKANCHERY POLICE STATION, THRISSUR DISTRICT. 2. THE DISTRICT GEOLOGIST, OFFICE OF THE MINING & GEOLOGY DEPARTMENT, THRISSUR DISTRICT. 3. THE DISTRICT COLLECTOR, THRISSUR. R1 TO R3 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8239 OF 2010 --------------------------------------- Dated this the 16th day of March, 2010. J U D G M E N T Herein the petitioners are the driver and owner respectively of a Lorry bearing registration No.KL-5-V-8669. The above vehicle was seized by the first respondent-Circle Inspector of Police on 26/02/2010 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 Concession Rules, 1967. Exhibit 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 Concession Rules, 1967, the first petitioner-driver has filed Exhibit P2 before the first respondent. It is submitted that the first respondent is not taking any decision in the matter. The learned Government Pleader submitted that actually the application will lie under Section 23A of the Mines and Minerals (Development and Regulation) Act, 1957. W.P.(C) No.8239/2010 2 There will be a direction to the first respondent to take a decision on Exhibit P2 within a period of seven days from the date of receipt of a copy of this judgment in accordance 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 smp