UNAIS Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In all these Writ Petitions, the petitioners are aggrieved by seizure of their Tipper Lorries/Excavators alleging that the vehicles were used for contravening the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 2015.

(2.) It is the specific case of the petitioners that when the seizure of the vehicles was made, the Tipper Lorries were empty, not loaded by any minor minerals. The JCBs were not found involved in any activity of mining any minerals. Therefore, going by the judgment of this Court in W.P.(C) No.40240 of 2022, the Lorries and Excavators are liable to be released.

(3.) The Senior Government Pleader relied on the counter affidavit in W.P.(C) No.23 of 2023, and stated that as instructed by this Court in the judgment dtd. 26/6/2016 in W.P.(C) No.14605 of 2015 and connected cases and in the judgment dtd. 26/5/2016 in W.P.(C) No. 17365 of 2016 and connected cases, the Government had issued order for streamlining the compounding of offences as per G.O.(Ms) No.51/2017/ID dtd. 21/6/2017 and in the said order it is categorically stated that the compounding fee for all the equipment/tools, empty vehicles seized in connection with illicit extraction shall be Rs.25,000.00.