IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.Rev.Pet.No. 557 of 2009() ----------------------------- CRMP.436/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... REVN. PETITIONER(S): PETITIONER ------------------------------- JAYACHANDRAN.M.R, S/O.RAMACHANDRAN, 138/03,MADAMBILLIYIL HOUSE, EDAVOOR.P.O, ONAMPILLY. BY ADV. SRI.RENJITH B.MARAR RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, KODANADU POLICE STATION, THROUGH THE P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.557 of 2009 = = = = = = = = = = = = = = Dated this the 13th day of February, 2009 ORDER Petitioner, who claims to be the owner of a tipper lorry bearing Registration No.KL-07-S-3547, challenges the order dated 10.2.2009 OF J.F.C.M, Perumbavoor dismissing the application filed as M.P.No.436/2009 in Crime No.65 of 2009 of Kodanad Police Station for an offence punishable under Sections 20 of the Protection of River Banks and Regulation of Removal of Sand Act, 2001. Admittedly the vehicle was not produced before the Magistrate. Confiscation proceedings are pending before the District Collector. If so, in the light of the decision in Subramanian v. State of Kerala (2009(1) KLT 77), the petitioner has got the remedy of seeking interim custody before the District Collector. Without prejudice to the right of the petitioner to approach the District Collector, this Crl.R.P. is dismissed. The District Collector shall also consider the letter dated 02.02.09 issued by the Tahasildhar to the Sub Inspector of Police, Kodanadu (produced as Annexure C herein), as and when the case takes up for consideration. Dated this the 13 th day of February, 2009. V. RAMKUMAR, JUDGE sj