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2014 Supreme(Online)(KER) 38710
HIGH COURT OF KERALA
A. Muhamed Mustaque, J
MAITHIN – Appellant
Versus
DISTRICT COLLECTOR – Respondent
WRIT PETITION (CIVIL) 33588/2014
The court upheld the authority's seizure of the vehicle under the Kerala Minor Mineral Concession Rules while providing the petitioner an opportunity to remedy the situation through compounding.
Headnote:
Minerals - Vehicle Seizure - Kerala Minor Mineral Concession Rules - The court interpreted the provisions of the Kerala Minor Mineral Concession Rules concerning the reclamation of land and vehicle seizure, determining that the seizure was valid but allowing for the vehicle's release upon bond execution.
Fact of the Case:
A vehicle was seized for allegedly transporting ordinary earth linked to paddy land reclamation. The Village Officer's report indicated no land reclamation occurred, yet the vehicle contained red earth.
Finding of the Court:
The court concluded that the vehicle should be returned to the petitioner within three days upon executing a bond, while allowing for potential action under the Kerala Minor Mineral Concession Rules.
Issues: Whether the vehicle's seizure was valid under the Kerala Minor Mineral Concession Rules, despite the Village Officer's report indicating no land reclamation.
Ratio Decidendi: The court found that while the vehicle's initial seizure was justified based on the presence of earth, appropriate remedies, including bond execution and potential compounding of the offense, were available.
Final Decision: The vehicle will be released to the petitioner after executing a bond.
JUDGMENT
The petitioner's vehicle bearing registration number KL-7-
AP-3813 has been seized alleging involvement in reclamation of paddy land. Ext.P3 is the report of the Village Officer. It shows that no land has been reclaimed. However, the vehicle has been seized with load of ordinary earth. In view of the fact that the vehicle has been found with red earth, I am of the view that this case would attract the provisions of Kerala Minor Mineral Concession Rules. It is pointed out by the learned counsel for the petitioner that, except one property, all the other properties in the area are converted land.
2. Therefore, I am of the view that the vehicle shall be released to the petitioner within three days on executing a bond with two sureties. However, this will not stand in the way of the Authorities proceeding against the petitioner for violation under the Minor Mineral Concession Rules. If the petitioner wants to compound the offence, then the petitioner also permitted to compound the offence on payment of Rs.25,000/-(Rupees Twenty Five Thousand only). If the petitioner compounds the offence, the first respondent shall report composition of the offence before the competent Jurisdictional Magistrate. However, if the petitioner is not compounding the offence, the first resplendent shall file a complaint against the petitioner for violating the provisions of the Kerala Minor Mineral Concession Rules.
The writ petition is disposed of as above.
