The petitioner's vehicle bearing No.KL-7-AQ-1276 has been seized by the first respondent on the allegation of transportation of river sand without a valid permit. On enquiry it is revealed that it is weathered sand. The District Collector imposed a penalty of Rs.25,000/- in terms of Kerala Minor Mineral Concession Rules, 1967 as per Ext.P1. Though the petitioner remitted the penalty, the first respondent did not release the vehicle. The petitioner has approached this Court on account of the refusal of the first respondent for not releasing the vehicle.
2. The offence committed by the petitioner is compoundable.
In fact the first respondent is the authority to compound the offence. Therefore in view of rule 60 A of the Kerala Minor Mineral Concession Rules, 1967, the first respondent shall permit the petitioner to compound the offence on payment of Rs.25,000/-.
3. In view of the fact that payment has already been made by the petitioner pursuant to Ext.P1 order, that amount shall be
W.P.(C)No.27159 of 2014
2
adjusted towards compounding fee. Therefore the first respondent shall release the vehicle to the petitioner forthwith. The first respondent shall also file a report before the Judicial First Class Magistrate Court, Ernakulam reporting composition of offence. In view of the above, Ext.P1 order is redundant and inoperative.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
vpv