IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Crl.MC.No. 1904 of 2008() ------------------------- PETITIONER: ------------ ASHRAF, S/O.KUNJAHAMMED, ASARITHODIKA HOUSE, KOORIYAD POST, VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, VENGARA, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1904 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2008 O R D E R The petitioner claims to be aggrieved by the seizure of a vehicle belonging to him, which is allegedly involved in the infraction of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The petitioner has not so far approached the learned Magistrate or the District Collector, who, under the Statute is clothed with the powers to effect confiscation of the vehicle. 2. After discussions at the Bar, the learned counsel for the petitioner only submits that the petitioner's right to approach the learned Magistrate/authorities under the Kerala Protection of River Banks and Regulation of Removal of Sand Act may be left open and this petition may be dismissed. 3. This Crl.M.C. is accordingly dismissed. Needless to say, the dismissal of this Crl.M.C. will not in any way fetter the rights of the petitioner to approach the learned Magistrate or the Crl.M.C.No. 1904 of 2008 2 authorities under the Kerala Protection of River Banks and Regulation of Removal of Sand Act and claim release of the vehicle. His option to challenge such orders, if any passed by such authorities on such application, shall also remain unfettered by the dismissal of this Crl.M.C. (R. BASANT) Judge tm