IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Crl.MC.No. 588 of 2009() ---------------------------------- CRRP.108/2008 of SESSIONS COURT, MANJERI CMP.4296/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MANJERI .................... PETITIONER(S): REVISION PETITIONER/PETITIONER ------------------------ PALAPPATTA KARIMPANAKKAL SHOWKATH, S/O.ABOOBACKER, AGED 35 YEARS, PANNIPPARA P.O., MALAPPURAM. BY ADV.MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, MANJERI, MALAPPURAM DISTRICT. 3. THE STATION HOUSE OFFICER, NILAMBUR POLICE STATION, NILAMBUR. 4. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 588 OF 2009 --------------------------------- Dated this the 16th day of February, 2009 O R D E R This petition is filed with a prayer to quash Annexure C order and to release of the lorry of the petitioner. The vehicle had been seized in connection with the involvement in illegal transportation of river sand. The learned Magistrate as well as the Sessions Judge did not invoke their jurisdiction under Section 457 of the Criminal Procedure Code to release the vehicle on the ground that the said vehicle had been used perpetually for the transport of illegal sand. Now in a recent decision in Crl.M.C 533/2009, a learned Judge of this court after referring to a Division Bench of this Court held that the right of the party is to move the District Collector for appropriate relief. Therefore reserving the said right of the petitioner to move the District Collector for appropriate relief the Crl.M.C is dismissed. When such an application is filed, the District Collector is bound to take a decision as expeditiously as possible. M.N. KRISHNAN,JUDGE vkm