T.R.RAMACHANDRAN NAIR
Dijil – Appellant
Versus
Sub Inspector of Police, Thrissur District – Respondent
1. These writ petitions have been filed by the respective petitioners mainly seeking for a direction to the respondents in the writ petitions to receive and consider the request for compounding the offence alleged by invoking the powers conferred under Rule 60(A) (1) of the Kerala Miner Mineral Concession Rules, 1967 (for short 'the Rules') and the relevant provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Central Act').
2. The vehicles have been seized for violation of the provisions of the Central Act and Kerala Rules. Section 23A of the Central Act provides for compounding of offences and similarly Rule 60A of the Rules also provides for compounding of the offences.
3. Interim orders have been passed by this Court in various writ petitions directing the Police officers to accept the applications for compounding and pass appropriate orders.
4. The matter was heard in detail in the light of the stand taken by the learned Government Pleader that even if the offence is compounded, there is no legal bar in proceeding with the steps for confiscation of the vehicles involved.
5. Heard learned counsel for the petitioners, Shri Babu S
6. Abdul Azeez v. State of Kerala (2010 (1) KLT 394)
8. Mathew N.J.s case (2011 (2) KHC 835 = 2011 (3) KLT 1)
11. P.M. Sumesh v. State of Kerala and another (2012 (4) KLJ 635)
3. Mathew N.J. v. State of Kerala and others (2011 (2) KHC 835 = 2011 (3) KLT 1 and 2011 (3) KLJ 200
5. Jeewan Kumar Raut and another v. Central Bureau of Investigation (AIR 2009 SC 2763)
7. Ismayil V. and others v. State of Kerala and others (2010 (3) KHC 677)
10. Abdul Azeez v. State of Kerala (2010 (1) KLT 394)
12. Ismayils case (2010 (3) KLT 706)
13. Sasidharan v. Forest Range Officer (1999 (2) KLT 836)
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