VASU R. Vs. VILLAGE OFFICER, VADAKARAPPATHY VILLAGE OFFICE

JUDGEMENT

(1.) The petitioner, who is the owner of the vehicle bearing No. KL.09/W -4634, is aggrieved of the seizure of the vehicle on 29.12.2014, alleging illegal transportation of M -sand. The petitioner is questioning the authority of the respondent /Village Officer, who seized the vehicle.

(2.) The learned Government Pleader points out that the authority of the respondent /Village Officer to seize the vehicle , with reference to the relevant provisions of the MMDR Act/KMMC Rules had already come up for consideration before this Court and as per the judgment reported in Aloshias C.Antony vs. Government of Kerala (2014(1) KLT 536), the position has been answered against the persons like the petitioner. The learned Counsel for the petitioner submits that the petitioner is ready to compound the offence and that an opportunity might be given to get the vehicle released after satisfying the compounding fee.

(3.) The issue in volved in this case is, whether the petitioner, who has been proceeded against in respect of the offences under the Mines and Mineral (Development and Regulation) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967 is entitled to have the offence compounded in view of the desire expressed from his side in this regard.