IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32837 of 2011(D) -------------------------------------- PETITIONERS: ---------------------- 1. ANILKUMAR.K.T, SON OF THANKAPPAN, AGED 35 YEARS, KALAPPATTUKUDY, MAROTTICHUVADU, KALADY, MATTOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.45-A-1530). 2. JOJO SEBASTIAN, SON OF SEBASTIAN, AGED 35 YEARS, RESIDING AT PALATTI KOONATHAN HOUSE, VATHAKKAD, THURAVOOR (PO) ANGAMALY, THURAVOOR VILLAGE, ERNAKULAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.45-A-1530). 3. ALAX ANTONY, SON OF ANTONY, AGED 24 YEARS, RESIDING AT PARACKA HOUSE, VELLAPPARA, MOOKKANNOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-40-A-265). 4. KHADAR.P.A, SON OF AHAMMED, AGED 60 YEARS, RESIDING AT POTHIYIL HOUSE, VILANGU (PO), KIZHAKKAMBALAM DESOM, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO. KL-40-A-265). BY ADV. SRI.P.M.ZIRAJ RESPONDENT: --------------------- THE SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ERNAKULAM DISTRICT-683 574. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WP(C).No. 32837 of 2011 APPENDIX PETITIONERS' EXHIBITS : EXHIBIT P1- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SECOND PETITIONERS VEHICLE BEARING REGISTRATION NO.45-A-1530. EXHIBIT P2- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FOURTH PETITIONERS VEHICLE BEARING REGISTRATION NO.KL-40-A-265. EXHIBIT P3- TRUE COPY OF THE WRITTEN REQUEST SUBMITTED BY THE FIRST PETITIONER DATED 7.12.2011 BEFORE THE RESPONDENT. EXHIBIT P4- TRUE COPY OF THE WRITTEN REQUEST SUBMITTED BY THE THIRD PETITIONER DATED 7.12.2011 BEFORE THE RESPONDENT. RESPONDENTS' EXHIBITS : NIL \\TRUE COPY\\ PA TO JUDGE JM ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32837 of 2011 D ``````````````````````````````````````````````````````````` Dated this the 9th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners allege that proceedings under the Mines and Minerals (Development and Regulation) Act, 1957 and Kerala Minor Mineral Concession Rules, 1967 have been initiated against the vehicles bearing registration Nos.KL-45A-1530 and KL-40A-265. It is their case that thereupon they made Exts.P3 and P4 applications to the respondent for compounding the offence. It is also their allegation that the respondent has refused to accept the applications with a doubt as to whether he has power to entertain those applications. 2. If the proceedings against the vehicles in question are under the Mines and Minerals (Development and Regulation) Act, 1957 and Kerala Minor Mineral Concession Rules, 1967, in view of the notifications issued by the Government of Kerala, the respondent is the W.P.(C) No.32837/2011 : 2 : competent authority. Therefore, writ petition will stand disposed of directing that, if the proceedings are initiated under the aforesaid Act and Rules, the respondent will accept Exts.P3 and P4 applications and pass orders thereon, in accordance with law, within ten days from the date of production of a copy of this judgment. Sd/- (ANTONY DOMINIC, JUDGE) aks/09/12 // True Copy // P.A. To Judge