As the issue involved in all these writ petitions are the same, they are taken up together for consideration and disposed of by this common judgment.
2. Petitioners are aggrieved by the action of the respondents in seizing vehicles owned by them and which were used for transporting red earth/other minor minerals. While crimes have been registered against them by the police authorities in connection with the offences under the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967, the grievance of petitioners in these writ petitions is only with regard to the non-consideration, by the respondents, of the applications preferred by them for compounding of the offences involving the vehicles.
3. Heard counsel for petitioners and the learned Government Pleader.
W.P.(C).No.11847 of 2014 & con.cases. 2
4. Section 23A of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 60A of the Kerala Minor Mineral Concession Rules provide for compounding of offences by the person authorised to make a complaint to the court with respect to the offence, on payment of such sum as that person may specify. The Petitioners in these writ petitions have preferred such application before the authorities competent to compound the offences. The said authorities, who are arrayed as respondents in the writ petitions have not, however, taken any decision in the said applications.
5. Under these circumstances, in view of the express statutory provisions, conferring on the authorities the power to compound the offences and the delay occurred by the said authorities in disposing the applications, I dispose these writ petitions with the following directions:
1. The respondents in the various writ petitions, before whom compounding applications have been filed, will consider the same and permit the petitioners to compound the offences on payment of Rs.25,000/- as compounding fee in respect of the vehicle seized.
2. In W.P.(C).No.11870 of 2014 and W.P.(C).No.11871 of W.P.(C).No.11847 of 2014 & con.cases. 3 2014, the application for compounding is seen filed before Revenue Officer other than the RDO/District Collector. In such cases, the respondent shall forward the applications to the authority competent to pass orders on the compounding applications as directed above.
3. On the offences being compounded, no prosecution shall thereafter be initiated in respect of the said offence and the vehicle shall be released to the petitioner forthwith.
4. The respondents shall comply with the above directions within two weeks from the date of production, by the petitioner, of a certified copy of this judgment.
With these directions, the writ petition is disposed of.
mns/ A.K.JAYASANKARAN NAMBIAR JUDGE