Petitioner is the owner of JCB bearing registration No.KL-05- U-2748 and tipper lorry bearing No.KL-28-A-1266. The said vehicles were seized by the respondent alleging that they were used for removing soil without valid permit and thereby committed violation of the provisions under the Mines and Minerals (Development and Regulation) Act, 1957 (for short the 'Act') under Ext.P1 FIR. It is submitted that the petitioner may be granted an opportunity to compound the alleged offence in terms of section 23A of the Act. I have considered and disposed of a similar writ petition viz., W.P.(C) No.12300 of 2014 in terms of Ext.P4 judgment, referred as such in that writ petition.
2. I have heard the learned counsel for the petitioner and also the learned Government Pleader.
3. Taking note of the factum of disposal of W.P.(C)No.12300 of 2014 and after hearing the rival submissions, I am inclined to dispose of this writ petition leaving the petitioner at liberty to approach the competent authority for compounding the offence in terms of Section 23A of the Act and in turn, directing the said authority to consider and pass appropriate orders expeditiously and in accordance with law, on the request of the petitioner to compound the offence which led to this writ petition. Ordered accordingly. In case the offence is compounded the vehicles in question shall be released to the petitioner on payment of Rs.25,000/- towards compounding fee in respect of each vehicle, for credit to the Government. Needless to say that in case the offence is compounded, no proceedings or further proceedings, as the case may be, shall be taken against the petitioner. In case the prayer of the petitioner is rejected for any legally sustainable reason, the petitioner shall be served with a copy of the order to enable her to work out her remedies.
C.T. RAVIKUMAR (JUDGE) spc/ C.T. RAVIKUMAR, J.
JUDGMENT September, 2010