Suresh Kumar P vs Inspector Of Police Palakkad Town South Police Station, Palakkad, Palakkad District

T. R. Ravi, J

Heard. Vehicle belonging to the petitioner was seized by the 1st respondent on the allegation that it was transporting ordinary soil without a valid

permit and alleging offence under Section 21 and 4 of the Mines and Minerals(Development and Regulations) Act, 1957. Ext.P1 is the FIR registered

in the Palakkad Town South Police Station. The grievance of the petitioner is that vehicle is still in the custody of the Police and that though a crime

was registered it has not been reported to the 2nd respondent. It is the case of the petitioner that unless such a report is sent to the 2nd respondent, the

petitioner will not be able to compound the offence by payment of fine/compounding fee as provided under Rule 32 of the Kerala Minerals (Prevention

of Illegal Mining, Storage and Transportation) Rules 2015. The petitioner has hence approached this Court seeking a direction to the 1st respondent to

forward copy of Ext.P1 to the 2nd respondent, so as to enable him to compound the offence.

2. In the above circumstance, the Writ Petition is disposed of directing the s1t  respondent to forward the copy of Ext.P1 to the

2nd  respondent within 5 days from the date of receipt of a certified copy of this judgment. Petitioner shall make appropriate application before the

2nd  respondent for compounding offence and the 2nd  respondent shall consider the same and pass orders within five days of receipt of Ext.P1

from the 1st  respondent.

The Writ Petition is disposed of accordingly.