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Maithin vs State Of Kerala

High Court Of Kerala|18 December, 2014
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JUDGMENT / ORDER

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 W.P.(c).No.33588 of 2014 : 2 :
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.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.
W.P.(c).No.33588 of 2014 : 3 :
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Title

Maithin vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • P Thomas Geeverghese
  • Sri Tony Thomas
  • Inchiparambil