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2025 Supreme(Online)(Ker) 53375

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
SHAHAD – Appellant
Versus
THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BABU S. NAIR, SMT.SMITHA BABU, SHRI.PRANAV
For the Respondents: SMT.VIDHYA A.C, GP

JUDGMENT

Petitioner's Excavator/JCB was seized by the 2nd respondent/SHO on 04.11.2025, allegedly for violation of the provisions of the Mines and Minerals (Development and Regulation) Act ('M.M.D.R. Act', for short). However, no crime has been registered. Petitioner seeks to compound, for which the matter has to be reported to the 1st respondent/Geologist by the 2nd respondent/SHO. The same has not been done, is the short grievance.

2. Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court directs the 2nd respondent/SHO to forthwith report the seizure to the 1st respondent/Geologist, at any rate, within a period of three days from today. Once the matter is reported, the petitioner's application for compounding will be considered by the Geologist in terms of Section 23A of the M.M.D.R. Act, in accordance with law.

The Writ Petition (Civil) will stand disposed of, as above.

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