IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 5636 of 2009(Q) ------------------------- PETITIONER: ------------------ K.SURESH KUMAR,CHURAKATHARA VEEDU, PEROOR.P.O, KOTTAYAM. BY ADV. MR.P.CHANDY JOSEPH RESPONDENTS: ----------------------- 1. DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM. 2. TAHSILDAR,KOTTAYAM TALUK, KOTTAYAM DISTRICT. 3. GEOLOGISTIC,DEPARTMENT OF MINIG GEOLOGY, DISTRICT OFFICE, COLLECTORATE, KOTTAYAM. 4. SUB INSPECTOR OF POLICE, ETTUMANOOR. BY GOVERNMENT PLEADER GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- W.P(C)No. 5636 OF 2009 --------------------------------- Dated this the 5th day of March, 2009 JUDGMENT This petition is filed to quash Exhibit P5 order and direct the 4th respondent to release the vehicle bearing registration No. KL- 5-B 9333. The mini lorry was seized after a registration of a Crime 637/2008 under Section 4(1) r/w. 21(4) of the Mines and Minerals Act, 1957. In a similar case in W.P(C) 4553/09, I had taken the view that as per the decision of this court in Crl.M.C. 53/2009, the right of the parties to approach the District Collector for appropriate relief and that their option to come to this Court with petition under Article 226 of the Constitution of India, is when the District Collector did not take appropriate action. This court had taken a firm view in the decision referred to above that the Magistrate shall not have any jurisdiction in the light of a Division Bench ruling, the correctness of which is now pending consideration before the Hon'ble Supreme Court of India. Further it is observed by me that when the Magistrate does not have any power, naturally any order passed by him may not have W.P(C)No. 5636/2009 -2- the legal effect. 2. Therefore in the light of that principle, the order passed by the learned Magistrate is liable to be set aside and I do so. If any order is passed by the District Collector, let it be complied and the authorities release the vehicle in accordance with the direction contained in the order passed by the District Collector. The W.P(C) is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm