IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 35449 of 2009(A) ------------------------------------ PETITIONER(S): --------------- MOIDUNNI, S/O.KUNJALI, PANAKEVEETTIL HOUSE, PERAMPILAVU P.O. BY ADV. MR.C.HARIKUMAR MR.V.BOVAN CHERIAN VARKEY MRS.MOLLY KOSHY RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM. ADDL.R2: DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM, ADDL.R3: SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, CIVIL STATION, THRISSUR. (ADLR2 &R3 ARE IMPLEAED AS EPR ORDER IN IA 15696/09 DTD 11-12-2009.) ADV.MR. M.A. ASIF - GOVERNMENT PLEADER FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35449 of 2009 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE DUPLICATE PERMIT DT 18/4/07 PASSED BY TAVANUR GRAMA PANCHAYAT. EXT.P2: COPY OF THE RECEIPT OF RS.25,000/- DT 18/4/07 ISSUED BY THE RESPONDENT. EXT.P3: COPIES OF IS REQUEST DATED 21.4.07 TO THE RESPONDENT FOR RETURNING HIS PERMIT. EXT.P4: COPY OF REPLY OF THE RESPONDENT DT 21.4.07 STATING THAT HE HAS NOT AFFECTED SEIZURE OF THE VEHICLE PASS RELATING TO CARRIAGE OF SAND. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.35449 OF 2009 ------------------------------- Dated this the 1st day of July, 2010 J U D G M E N T The petitioner’s lorry was seized by the first respondent allegedly under the Kerala Minor Mineral Concession Rules 1967, on the ground that the lorry was illegally transporting sand. The petitioner alleges that for releasing the lorry, the first respondent insisted on the petitioner paying an amount of Rs.25,000/-, as a result of which the petitioner was forced to pay the same, for which Ext.P2 receipt was issued. The petitioner further alleges that even thereafter in respect of the said transport the first respondent has been harassing the petitioner and causing disruption to the smooth functioning of his business. The petitioner now seeks the following relief: “A writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondent to return Rs.25,000/- which was the amount paid by the petitioner inspite of having valid pass for carriage of river sand”. 2. I have heard the learned Government Pleader also. A payment like the one evidenced by Ext.P2 can be directed to be W.P.(c)No.35449/09 2 made and received only on the basis of an order finding the petitioner guilty of any violation for which fine can be imposed by the first respondent. Even assuming that the first respondent has powers to compound an offence under any provision of law that can only be on a petition filed by the petitioner expressing willingness to compound the offence and passing an order accepting the request of the petitioner for compounding. The learned Government Pleader frankly admits that Ext.P2 order was not preceded by any such application or order. That being so, the first respondent could not have validly recovered any money from the petitioner as evidenced by Ext.P2. Accordingly, I direct the respondents to see that the amount collected from the petitioner as per Ext.P2 is refunded to him within a period of one month from today. However, this will not prejudice the respondents or any other authority competent to do so from proceeding against the petitioner in respect of any violation of any law, on 18/4/2007 or any other date, if they are competent to do so under law. If any document has been seized from the petitioner, if the same is not required for any valid proceedings in respect of any violation of law, the same shall also be returned within the W.P.(c)No.35449/09 3 above said time. However, if those documents are required for proceeding against the petitioner or the vehicle in respect of any violation of law, the respondents are free to retain the same. The writ petition is disposed of as above S. SIRI JAGAN, JUDGE acd W.P.(c)No.35449/09 4