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2015 Supreme(Ker) 635

K.VINOD CHANDRAN
T. T. KURIAKOSE – Appellant
Versus
SUB INSPECTOR OF POLICE, MANARCADU – Respondent


Advocates Appeared:
For the Petitioner: SRI.RAAJESH S.SUBRAHMANIAN, SRI.V.R.RAJESH.
For the RESPONDENT: GOVT. PLEADER SMT.C.K. SHERIN.

JUDGMENT :

The above writ petitions were heard together on the question of how the provision for compounding has to be applied as provided in the Mines and Minerals (Development and Regulation) Act, 1957 [for brevity "MMDR Act"]; and Kerala Minor Mineral Concession Rules, 2015 [for brevity "KMMC Rules of 2015"] and the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 [for brevity "Transportation Rules"]; the Rules having come into force on 07.02.2015. Earlier the provisions applicable were that of the Minor Mineral Concession Rules, 1967 (Kerala) [for brevity "KMMC Rules of 1967], which provisions came up for consideration before this Court twice, which instances shall be referred to in the course of the judgment.

2. At the outset, it has to be noticed that all the writ petitions have been filed by the registered owners of 'Goods vehicles' and 'JCB Excavators', claiming that their vehicles were intercepted and seized in pursuance of an allegation of commission of offence under the MMDR Act read with the KMMC Rules of 2015 and Transportation Rules of 2015. On going through the various writ petitions, this Court discerns a substantial difference be




















































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