IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 32761 of 2011(U) -------------------------- PETITIONER(S): --------------- K.NAZER, S/O.MUHAMMED KUTTY, AGED 34 YEARS, KULARKUZHIYIL, KUMPIDI P.O., PALAKKAD-679533. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, PALAKKAD, PIN-679101. 2. THE SUB INSPECTOR OF POLICE, TRAFFIC, PATTAMBI, PIN-679303. 3. ANAKKARA PANCHAYATH REPRESENTED BY ITS SECRETARY, ANAKKARA, PATTAMBI VIA, PALAKKAD DISTRICT, PIN-679551. GP SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32761 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: A TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD. EXHIBIT P2: A TRUE COPY OF THE AGREEMENT DATD 11-8-2010 ENTERED INTO BETWEEN THE PETITIONER AND THE ASSISTANT ENGINEER, LOCAL SELF GOVERNMENTDEPARTMENT, ANAKKARA SECTION. EXHIBIT P3: A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE EXCAVATOR (JCB) BEARING REG.NO.KL-5W 8653. EXHIBIT P3(A): A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE TIPPER LORRY BEARING REG.NO.KL-52-A-8658. EXHIBIT P4: A TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE OWNER OF THE EXCAVATOR(JCB) BEARING REG.NO.KL-5W 8653. EXHIBIT P4(A): A TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE OWNER OF THE TIPPER LORRY BEARING REG.NO.KL-52-A-8658. EXHIBIT P5: A TRUE COPY OF THE ORDER DATED 5-4-2010 ISSUED BY THE GOVERNMENT OF KERALA. EXHIBIT P6: A TRUE COPY OF THE APPLICATION DATED 6-12-2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P7 : A TRUE COPY OF THE MAHAZAR DATED 29.11.2011 PREPARED BY THE 2ND RESPONDENT /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).32761/2011 .............................................. Dated this the 16th day of December, 2011 JUDGMENT Petitioner hired a JCB bearing registration No.KL-5W 8653 and a Tipper Lorry bearing registration No.KL-52A 8658. These vehicles were seized by the second respondent and from Ext.P7 mahazar produced along with I.A.No.20207/2011, it appears that seizure was for violation of the provisions of KMMC Rules. According to the petitioner, the records have now been produced before the first respondent, before whom the proceedings are pending. It is challenging the aforesaid proceedings, the writ petition is filed. 2. The seizure being under the provisions of the KMMC Rules, petitioner submits that he intends to apply for compounding the offence by invoking Rule 60A read with 23A of the MMDR Act. 3. Since the allegation is of violation of KMMC Rules, it is the District Collector who is the designated authority. Therefore, I direct that it will be open to the petitioner to make an application to the District Collector, Palakkad, seeking to compound the W.P.(C).32761/11 2 offence in which event, the District Collector will call for the files, if not already produced, and pass orders on the application of the petitioner, within ten days of receipt of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs