SHAJAHAN.R. and SHAFEEQ v. The District Collector, Alappuzha, and Sub Inspector of Police, Kanakkakunnu Police Station, Alappuzha District

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** **FRIDAY, THE 23RD DAY OF AUGUST 2013/1ST BHADRA, 1935** **WP(C).No. 20850 of 2013 (E) ----------------------------** ## **PETITIONERS :** - **-----------** ## **1. SHAJAHAN.R., AGED 39 YEARS** - **S/O.RASAVUKUTTY RAWTHER, PRAVILA THEKKETHIL ADIKKATTUKULANGARA, NOORANAD VILLAGE MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.** **2. SHAFEEQ AGED 22 YEARS** - **S/O.SHAJAHAN, EMBREYIL THEKKEKKARA VEETTIL PAZHAKULAM MURI, PALLIKKAL VILLAGE MAVELIKKARA TALUK.** **BY ADV. SMT.ANITHA M.N. (EKM)** **RESPONDENTS :** **1. THE DISTRICT COLLECTOR ALAPPUZHA, PIN 688001.** **2. SUB INSPECTOR OF POLICE KANAKAKUNNU POLICE STATION, ALAPPUZHA DISTRICT, PIN 688514.** **R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI. K.C. VINCENT** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **BP** **WP(C).No. 20850 of 2013 (E)** **----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS** **-----------------------** **EXHIBIT-P1: A TRUE COPY OF THE R.C.PARTICULARS OF THE VEHICLE. EXHIBIT-P2: A TRUE COPY OF THE SEIZURE MAHAZAR DTD.19.08.2013.** **EXHIBIT-P3: A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DATED 19.08.2013.** **EXHIBIT-P4: A TRUE COPY OF THE JUDGMENT DATED 21.03.2012 IN W.P.(C) NO.7126/2012.** **RESPONDENT(S)' EXHIBITS : NIL.** **-----------------------** **//TRUE COPY//** **P.A. TO JUDGE** **BP** ## **P.R. RAMACHANDRA MENON, J.** ## **======================** ## **W.P.(C)NO. 20850 OF 2013** ## **======================= Dated this the 23[rd] day of August 2013** ## **JUDGMENT** Petitioners are the owner and driver of the vehicle-HGV Tipper bearing Reg.No.KL-02-W-7861. The issue involved in this case is, whether the petitioners who have been proceeded against in respect of the offences under the Mines and Minerals (Development and Regulation ) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967 are entitled to have the offence compounded in view of the desire expressed from their side in this regard. 2. Heard the learned Government Pleader as well. 3. Unlike the Kerala Protection of River Banks and Regulation of Removal of Sand Act, there cannot be any confiscation of the vehicle in respect of the offences under the Mines and Minerals ( Development and Regulation ) Act, 1957 or the Kerala Minor WPC 20850/2013 2 Mineral Concession Rules, 1967. Section 23A of the 'Act and Rule 60A of the Rules enable the parties to have the offence compounded. The Rules specifically stipulate that any offence under the Rules can be compounded subject to the satisfaction of the maximum fine prescribed under the Rules, which is stated as Rs.5,000/-. But in respect of the transportation of sand/earth without any valid pass/sanction, it is stated as an offence under the 'Act' itself by virtue of the incorporation of Section 4(1A), for which separate penalty is provided under the Act itself. The maximum fine in respect of such offence prescribed under the Act is stated as Rs. 25,000/-. It was in the said circumstance, that this Court was passing various orders in connected similar matters enabling the concerned petitioners to have the interim custody of the vehicle released on satisfaction of a sum of Rs.25,000/- and also by directing the concerned respondent to consider the application for compounding, if any. 4. A question arose before this Court as to whether the prosecution proceedings could be pursued further, once the offence is WPC 20850/2013 3 compounded in accordance with the relevant provisions. This issue has already been considered and decided by this Court in **2013 (1) KLT 600 ( Digil v. Sub Inspector of Police)** , holding that, once the offence is compounded, there cannot be any further prosecution proceedings. 5. The directions given as per the above verdict are extracted below : “i) In cases where compounding applications have been acted upon as per the interim orders passed by this Court and the offences have been compounded and compounding fees have been collected and vehicles have been released, it is declared that no further proceedings can be taken for confiscation of the vehicles; ii) In cases where complaints have been filed before the Court but compounding applications have been entertained and offences have been compounded, appropriate applications will be filed before the Courts and the concerned Courts will pass appropriate orders in the matter with regard to the closure of the cases pending; iii) In cases where compounding applications are yet to be filed by the parties concerned, it is open to them to file applications which will be dealt with by the officer concerned in accordance with law and they will be free to pass WPC 20850/2013 4 appropriate orders on it. If no applications are filed within a period of three weeks from today and if compounding is not being allowed, it is open to the concerned officers to complete the procedures as enjoined by law.” 6.After hearing both the sides, this Court finds that the petitioners are entitled to have similar relief. 7. In view of the law declared as mentioned herein before, there will be a direction to the concerned respondent to accept the application filed/to be filed by the petitioners to compound the offence; which shall be considered and appropriate orders shall be passed in terms of the decision rendered by this Court in **2013 (1) KLT** ## **600 ( Digil v. Sub Inspector of Police)** forthwith. The writ petition is disposed of. ## **Sd/P.R.RAMACHANDRA MENON JUDGE** ks. True copy WPC 20850/2013 5 WPC 20850/2013 6 **P.R.RAMACHANDRA MENON JUDGE** ks. WPC 20850/2013 7 **P.R. RAMACHANDRA MENON JUDGE** **ks.**