IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.MC.No. 4371 of 2008() ------------------------- CMP.2105/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): --------------- SINEESH K.S., S/O.SREEDHARAN, KOCHERIL HOUSE, BRAHMAMANGALAM, VAIKOM, KOTTAYAM. BY ADV. SRI.C.D.JOHNY SRI.C.ARUN PRASANTH SRI.ANOOP MATHEW ABRAHAM RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4371 of 2008 ------------------------------------------------- Dated this the 21st day of November, 2008 ORDER The petitioner's vehicle has been seized on the allegation that the vehicle was involved in the commission of the offence under the Kerala Protection of River Banks and Regulation of Removal of San Act, 2001 (for short 'the Act'). The petitioner applied before the learned Magistrate under Sec.451 Cr.P.C. for release of the vehicle. The learned Magistrate by the impugned order – a copy of which is produced as Annexure-I, dismissed the application taking note of the fact that the District Collector had already initiated proceedings for confiscation and has directed the petitioner to pay an amount of Rs.3,95,000/- under the relevant provisions of the Act. 2. The petitioner claims to be aggrieved by Annexure-I order. What is the grievance? Has the petitioner challenged Crl.M.C. No. 4371 of 2008 -: 2 :- the order passed by the District Collector? The learned counsel for the petitioner, after discussions at the Bar, submits that the petitioner may be permitted to challenge the said order passed by the District Collector. 3. The request is accepted. This Crl.M.C. is dismissed. But it is made clear that the dismissal of this Crl.M.C. will not in any way fetter the right of the petitioner to challenge the order dated 27/12/07 passed by the District Collector referred to in the impugned order. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4371 of 2008 -: 3 :-