ALIKKUNJU Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed by the petitioner aggrieved by the action of the 2nd respondent in detaining the HGV Tipper bearing registration No.KL -43 -A -222 belonging to the petitioner, while attempting to transport ordinary earth, as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and other attendant laws. According to the petitioner, already the vehicle is handed over to the 1st respondent. The 1st respondent is the competent authority to take a decision in order to release the vehicle in accordance with law.

(2.) In order to facilitate the 1st respondent to proceed with the proceedings contemplated under the Act, petitioner has to make a request to the 1st respondent. If such a request is made by the petitioner, a decision shall be taken by the 1st respondent with respect to the release of the vehicle and compounding of the offence within a period of one week from the date of receipt of the application. If a decision is taken by the 1st respondent in favour of the petitioner, the vehicle shall be released forthwith. The writ petition is disposed of accordingly.