High CourtsSingle Bench(2013) 01 KL CK 0050

Salim and Jayalal vs State of Kerala

High Court Of Kerala · Decided on 11 January 2013

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Crl. M.C. No. 252 of 2013

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Judgment

3 paragraphs · 220 words

T.R. Ramachandran Nair, J.—In both the cases the petitioners are seeking identical reliefs. They have been arrayed as accused in Crime Nos. 1000 and 1001 of 2012 of Yerroor Police Station, Kollam District. The offences alleged are u/s 4 read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957. Annexure A1 is the copy of the First Information Report and Annexure 2 is the copy of the mahazar. It is submitted that the petitioners have a right to file an application for compounding u/s 60A(1) of the Kerala Minor Mineral Concession Rules, 1967, but the said opportunity is not being granted. Learned counsel for the petitioners submitted that the petitioners are prepared to file applications for compounding and the same may be directed to be considered within a time limit.

2.

On the petitioners filing applications for compounding, the same will be considered and appropriate decision will be taken expeditiously, at any rate, within a period of three days from the date of filing of the same. The respondent is free to compound the offence or not. If the offence is compounded, necessary compounding fee as per the rules will be collected and the vehicles will be released subject to the fulfillment of all the conditions.

The Crl. M.Cs. are disposed of as above. No costs.