IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 18468 of 2010(G) -------------------------- PETITIONER(S): --------------- 1. KIRAN, S/O.MADHAVAN, AGED 26 YEARS, NANYATH HOUSE, PERUVALLUR, MULLASSERY, GURUVAYUR (DRIVER OF A JCB BEARING REGISTRATION NO.KL-46-A-1768). 2. SHAJI, S/O.GOPALAN P.K., AGED 40 YEARS, POOVANTHARA HOUSE, MULLASSERY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT (OWNER OF JCB BEARING REGISTRATION NO.KL-46-A-1768). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, GURUVAYUR POLICE STATION, THRISSUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 3. THE DISTRICT COLLECTOR, THRISSUR DISTRICT. GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 18468 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th day of June, 2010. J U D G M E N T Petitioners' JCB has been seized by the respondents on allegations of violation of the provisions of the Kerala Minor Mineral Concession Rules. The petitioners admit the offence and want to compound the same for which purpose, they have filed Ext. P1 application before the 1st respondent. The petitioners seek a direction to the 1st respondent to consider and pass orders on Ext. P1 expeditiously. 2. The learned Government Pleader submits that it is the prosecuting agency who is to consider the application for compounding which the 1st respondent is not. He would submit that as per SRO 827/1991, police officers on and above the rank of Sub Inspector in the State are the persons authorized to initiate prosecution under the Mines and Minerals (Regulation & Development) Act. Therefore, applications under Section 23A have to be filed before the Sub Inspector of Police, is the contention raised by the learned Government Pleader. Having heard both sides, I dispose of this writ petition with the following directions: The 1st respondent shall place Ext. P1 before the Sub Inspector and the Sub Inspector shall pass orders on Ext. P1 as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. I make it clear that I have not considered the W.P.C. No. 18468/2010 -: 2 :- matter on merits and it is entirely for the Sub Inspector to decide whether the application for compounding is to be allowed or not. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.