The grievance of the petitioner is regarding non- consideration of his request for compounding the offence alleged against him under Rule 60(A)(1) of the Kerala Minor Mineral Concession Rules 1967 (for short 'the Rules'). Obviously, a lorry bearing Reg.No.KL-60-E-7261 and an earth mover bearing registration No.KL- 60B 9551 belonging to the petitioner were seized by the respondent on 12.5.2014 under Ext.P1 mahazar. The vehicles are still under the custody of the respondent. It is in the said circumstances that the captioned writ petition has been filed seeking issuance of a writ of mandamus commanding the respondent to receive Ext.P2 and to give an opportunity to the petitioner to compound the alleged offence.
2. After hearing the learned counsel for the petitioner and the learned Government Pleader and in view of the order I propose to pass in this petition, I do not think it necessary to delve into the facts or contentions in detail. In the course of hearing, the short prayer made by the petitioner is for a direction to the competent authority to WP(C).No.12435/2014 2 consider Ext.P2 application under Rule 60(A)(1) of the Rules, in accordance with law. In the said circumstances, without making any observation as to the entitlement of the petitioner to get the alleged offence compounded, this writ petition is disposed of leaving the petitioner at liberty to approach the competent authority under Rule 60(A)(1) of the Rules for compounding the alleged offence that led to the instant case and in turn, directing such competent authority to consider such application and pass appropriate orders thereon in accordance with law expeditiously, at any rate, within two weeks from the date of receipt of copy of this judgment. In case the offence is compounded in terms of the provisions under the said Rules, a compounding fee of ` 25,000 shall be collected from the petitioner for credit to the Government. Needless to say that in case the alleged offence is compounded no proceeding or further proceeding, as the case may be, shall be taken against the petitioner in respect of the offence so compounded. It is made clear that in case the petitioner is not permitted to compound the offence, the order shall be communicated and in that event, it will be open to the petitioner challenge the same in accordance with law.
TKS Sd/-
C.T.RAVIKUMAR Judge