These writ petitions are filed by the owners of the vehicles for release of the vehicles. These vehicles have been seized by the police alleging violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.
2. The learned Government Pleader, on instructions, submits that these vehicles have been seized by filling paddy land and therefore, contravention of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (for short, the Act 28 of 2008) is also involved. However, it is not discernible whether the entire property near to which, the vehicles have been seized, included in the draft data bank or not. The petitioners submit that the vehicles have been seized from a public road and therefore, the police have only registered case for W.P.(C) Nos.28546, 28548, 28549 & 28576 of 2014 2 contravention of the Kerala Minor Mineral Concession Rules, 1967.
3. Considering the facts and circumstances, I am of the view that the vehicles can be released to the petitioners on interim custody on executing a simple bond and payment of Rs.25,000/-(Rupees twenty five thousand only) on each vehicle. The District Collector shall conduct an enquiry in this matter and find out whether the petitioners have contravened any provisions of the Act 28 of 2008. If the petitioners have not contravened any of the provisions of the Act 28 of 2008, the payment already made may be adjusted towards compounding fee as the petitioners have expressed their willingness to compound the offence under the Kerala Minor Mineral Concession Rules, 1967. Under Rule 60A, the offence can be compounded, if the petitioners have only contravened the Kerala Minor Mineral Concession Rules, 1967. However, if W.P.(C) Nos.28546, 28548, 28549 & 28576 of 2014 3 the petitioners have contravened Act 28 of 2008, the District Collector is at liberty to proceed against the petitioners in accordance with law. It is made clear that the petitioners have only committed an offence under the Kerala Minor Mineral Concession Rules, 1967, the police officer concerned shall report the composition of the offence before the competent jurisdictional Magistrate. The vehicles shall be released to the petitioners forthwith on payment as above and executing a simple bond.
These writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln