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Shibukumar K.C

High Court Of Kerala|20 May, 2014
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JUDGMENT / ORDER

Petitioner is the owner of a tipper lorry bearing registration No. KL-04-W-1926. On 11.02.2014, the petitioner's lorry was taken into custody by the respondent alleging that the said vehicle was used for transportation of ordinary earth without permit and the police has prepared Ext.P2 mahazar. According to the petitioner, he is ready and willing to compound the offence and he has already made Ext.P3 application before the respondent for compounding the said offence before the competent authority in terms of Ext.P4 notification. The grievance of the petitioner highlighted in this writ petition is non-consideration of Ext.P3 application for compounding, which is still pending before the respondent. 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondent. The petitioner has already filed Ext.P3 application for compounding the offence and the same is pending consideration before the respondent, who is the competent authority.
3. Considering the facts and circumstances of the case, W.P.(C) No. 12702/2014 2 this writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P3 application and permit the petitioner to compound the offence on payment of the compounding fee of Rs.25,000/- (Rupees Twenty Five Thousand only) in respect of the vehicle bearing registration No. KL-04-W-1926. Needless to say that no prosecution shall be initiated when the offence in respect of the incident has been compounded. The vehicle shall also be released to the petitioner after payment of the compounding fee. The respondent shall pass appropriate orders on the Ext.P3 application, as directed above, as expeditiously possible, at any rate, within a period of 'ten' days from the date of receipt of the certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN JUDGE sd // True Copy // P.A. to Judge
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Title

Shibukumar K.C

Court

High Court Of Kerala

JudgmentDate
20 May, 2014
Judges
  • Anil K Narendran
Advocates
  • Sri
  • T P Pradeep