RAJESH.K.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are the registered owners of goods carriages covered by Exts.P1 to P1(h) certificates of registration, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 common order dated 23.12.2018 of the 2 nd respondent District Collector, whereby they have been imposed with a fine of Rs.2 lakhs each, under Rule 29 of the Kerala Mineral (Prevention of Illegal Mining, Storage & Transportation) Rules, 2015, Rule 108(1) of the Kerala Minor and Mineral Concession Rules, 2015 and Section 21(2) of the Mines and Minerals (Development and Regulation) Act , 1957.

(2.) The petitioners were proceeded against under the aforesaid provisions, on account of seizure of their vehicles by the 4th respondent Village Officer and the 3rd respondent Station House Officer, vide Ext.P2 Seizure Mahazar dated 30.10.2018, alleging that the said vehicles were used for transportation of laterite stone from 'Navodaya Kunnu' in Re- survey No.137 of Cheruvanchery Village in Thalassery Taluk. The petitioners have also sought for a writ of mandamus commanding the 2nd respondent to consider Ext.P5 representation and to review Ext.P3 order, within a time limit to be specified by this Court, with notice to the petitioners and after affording them an opportunity of being heard; a writ of mandamus commanding the respondents to compound the offences as per Ext.P4 Government Order dated 21.06.2017; and directing the 2nd respondent to release the petitioners' vehicles, which are seized as per Ext.P2 Seizure Mahazar.

(3.) On 01.03.2019, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.