IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2653 of 2008() ------------------------- PETITIONER: ------------ SHIJUMON P.S., S/O. SAIDHUMUHAMMED AGED 27 YEARS, PADAMITTATH HOUSE CHENGAMANAD P.O., PALAPRASSERY KARA CHENGAMANAD VILLAGE, ALUVA TALUK ERNAKULAM DIST. BY ADV. SRI.P.M.ZIRAJ RESPONDENT/RESPONDENT: -------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. SUB INSPECTOR OF POLICE NORTH PARAVOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2653 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2008 O R D E R The petitioner's vehicle was allegedly involved in an offence punishable under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The vehicle has been seized. The petitioner wants to approach the learned Magistrate with an application to release the vehicle to the petitioner. He now complains that the application filed by him was not received by the learned Magistrate. He has hence come to this Court with a grievance about non-receipt of petition by the learned Magistrate. 2. In the decision in Gopalakrishna Pillai v. District Superintendent of Police (2008 (3) KLT 80) it has been made very clear that no Magistrate can ever refuse to receive the application if the counsel presses for a decision on that application. In the light of that decision, I am satisfied that no further directions are necessary. The petitioner, if he wants an Crl.M.C.No. 2653 of 2008 2 application for release of the vehicle to be submitted to the Magistrate and insist on an order on such application, can file such application before the Magistrate and the learned Magistrate in accordance with the decision in Gopalakrishna Pillai (supra) must consider the same and pass appropriate orders. 3. With the above observations this Crl.M.C. Is dismissed. (R. BASANT) Judge tm