IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 1779 of 2009(J) PETITIONER(S): ------------------------- M.M.NAJEEB, AGED 35 YEARS, S/O.MOOSA, MUKKADA HOUSE, MARAMBILLY VILLAGE, PALLIPARAM KARA, ERNAKULAM DISTRICT PIN 683 547. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ---------------------------- 1. ARUN, JUNIOR SUB INSPECTOR, PERUMBAVOOR POLICE STATION, PERUMBAVOOR. 2. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR. 3. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA. 4. THE INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, ERNAKULAM. 5. THE HOME SECRETARY, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C).No.1779 of 2009 ------------------------- Dated this the 29th day of January, 2009. JUDGMENT Koshy, Ag.C.J. This is a petition alleging police harassment. 2. The vehicle belonging to the petitioner was seized and a case was registered before the Judicial Magistrate of the First Class, Perumbavoor. The petitioner argued that his vehicle was not involved in collection of sand or carrying sand. It is the petitioner's case that there was no sand in the vehicle at the time of seizure and the allegations are cooked up. It is also submitted that as per the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, the appropriate authority was the collector and the provisions under Section 101 of the Code of Criminal Procedure are not attracted. All these arguments can be raised before the Collector. If an FIR is registered before a magistrate, the petitioner can approach the magistrate. W.P.(C).No.1779 of 2009 :: 2 :: 3. However, we direct that the police shall conduct investigation only in accordance with law. With that direction, the writ petition is disposed of. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge