JOSEPH P.T. Vs. DISTRICT GEOLOGIST

JUDGEMENT

(1.) The petitioner, who is the registered owner of a lorry bearing registration No.KL-45/B-1619 covered by Ext.P1 certificate of registration has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent to produce vehicle bearing registration No.KL-45/B-1619 of the petitioner before the 1st respondent. The petitioner has also sought for an order directing the 1st respondent to give an opportunity to the petitioner for compounding the alleged offence under Rule 32 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015.

(2.) Going by the averments in the writ petition, the petitioner's vehicle bearing Registration No.KL-45/B-1619, was seized by the 3rd respondent on 05.05.2019, alleging violation of the provisions under Kerala Minor Mineral Concession Rules, 2015 and Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015. The vehicle is kept under custody and Crime No.168 of 2019 has been registered.

(3.) On 23.05.2019, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.