SANISH RAJAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who is stated to be the owner of a vehicle bearing Registration No.KL-63-E-8523, has approached this Court alleging that, in spite of Ext.P7 order issued by the Geologist, the said Vehicle has not been released by the Revenue Divisional Officer (RDO for short). The petitioner concedes that the afore mentioned vehicle was used by a certain Shri.Ashraf Ali at Malappuram for transporting ordinary clay, making him believe that he had the necessary permit from the Mining and Geology Department.

(2.) The petitioner says that, however, while the clay was being so transported, it was intercepted by the 4th respondent- Tahsildar and produced before the RDO, where the vehicle is still under custody. He says that on knowing the true facts, he asked his agent to approach the Geologist offering to compound the offence and that Ext.P7 proceedings was thereafter issued by the said Authority showing that the offence has been compounded and requesting the RDO to release the vehicle. The petitioner alleges that in spite of Ext.P7, no action has been taken by the RDO to release the vehicle and that it is still remaining in illegal custody. The petitioner, therefore, prays that the RDO be directed to act as per Ext.P7 forthwith.

(3.) Shri.Manu Raj K.J. - learned Government Pleader appearing on behalf of the official respondents, submits that going by Ext.P7, there does not appear to be any reason to detain the vehicle, but that this Court may permit the RDO to recover the royalty for the illegally extracted clay from the owner of the property. He says that if this liberty is granted to the RDO, he will release the vehicle, subject to all other conditions and requirements, if the vehicle is not involved in any other offence, without any further delay.