IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 9726 of 2010(M) ------------------------------------- PETITIONERS: --------------------- 1. SREEYESH, S/O.NARAYANAN, AGED 27 YEARS, CHERAMPILLY HOUSE, SEBIYOOR DESOM, MALAYATOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT (DRIVER OF LORRY BEARING REGISTRATION NO.KL-10-R-5739). 2. WINSEN, AGED 28, SON OF THOMAS, RESIDING AT THEKKUMPURAM HOUSE, SEBIYOOR DESOM, MALAYATTOOR (PO), MALAYATTOOR VILLAGE,ALUVA TALUK, ERNAKULAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-10-R-5739). BY ADV. MR.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, KORATTY POLICE STATION, THRISSUR DISTRICT. 2. THE DISTRICT GEOLOGIST, THIRSSUR 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 26/03/2010,ALONG WITH W.P.(C). NOS. 9752/2010 & 9777/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C)Nos.9726, 9777 & 9752 of 2010 ---------------------------------------------- Dated this the 26th day of March, 2010 JUDGMENT The petitioners herein seeks for a direction to the Sub Inspector of Police to consider the application for compounding, which was filed under Section 60(A)(1) of the Kerala Miner Mineral Concession Rules 1967. 2. The allegation is that the petitioners transported clay in the vehicle without permission from the second and third respondents. The vehicle was seized under a mahazar. The petitioner is relying upon Ext.P3 judgment of this Court. 3. The learned Government Pleader submitted that actually the application will lie under Section 23A of the Mines and Minerals (Development and Regulation)Act, 1957. There will be a direction to the first respondent to take a decision on Ext.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. These writ petitions are disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj