J U D G M E N T

The petitioner is the driver of a lorry bearing registration No.KL-

07-AS-4806. The said motor vehicle was seized by the first respondent on 21.2.2014 on the allegation that it was used to transport river sand without a valid permit. Pursuant thereto, Crime No.148 of 2014 of Harbour Police Station was registered against the petitioner under the Kerala Police Act, 2011, Kerala Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967. In this writ petition, the petitioner prays for a writ in the nature of mandamus commanding the respondents to receive the application for compounding Crime No.148 of 2014 of Harbour Police Station, Ernakulam from him and to pass appropriate orders thereon.

2. When the writ petition came up for hearing today, learned Government Pleader appearing for the respondents submitted on instructions that though in the first information statement and in the mahazar it is stated that river sand was being carried in the motor vehicle, an offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 was not registered against W.P.(C) No.5498/2014 2 the petitioner, that