IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.Rev.Pet.No. 648 of 2009() ----------------------------- CMP.3808/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... REVN. PETITIONER(S): PETITIONER/PETITIONER -------------------------------------------------------------------------------- SHERIF ALI, AGED 24 YRS,12/38, PANAYATHODIKA HOUSE, MAMPAD.P.O,THOTTINTAKKARE, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): RESPONDENTS ------------------------------------------------------- 1. THE TAHSILDAR, NILAMBUR. 2. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVT.SECRETARIATE, THIRUVANANTHAPURAM. 3. THE SECRETARY,MAMPAD GRAMA PANCHAYATH, MAMPAD. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.648 of 2009 = = = = = = = = = = = = = = Dated this the 13th day of February, 2009 ORDER Petitioner, who claims to be the owner of a mini lorry bearing Registration No.KL-05-D-9772, allegedly involved in the illicit transportation of river sand, more than once, challenges the order dated 09.01.2009 of J.F.C.M, Nilambur dismissing the application filed as C.M.P.No.30808/2008 for interim custody of the lorry. Admittedly, no crime has been registered and no report is sent to the Magistrate under Section 102 Cr.P.C. 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. Dated this the 19th day of February, 2009. V. RAMKUMAR, JUDGE sj