IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Crl.MC.No. 1808 of 2008() ------------------------- PETITIONER: ------------ RIYAS BABU, S/O.ABDULLAKUTTY, VALAPPURAM HOUSE, VEEMPUMGAL HOUSE, MAMPAD P.O., MALAPPURAM DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: COMPLAINANT-STATE ------------------------------ 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHASILDAR, NILAMBUR, MALAPPURAM DISTRICT. 3. THE VILLAGE OFFICER, PULLIPADAM, MALAPPURAM DISTRICT. 4. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2008 ALONG WITH CRMC 1809 & 1810 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos.1808, 1809 & 1810 of 2008 ------------------------------------------------- Dated this the 21st day of May, 2008 ORDER The petitioners in these Crl.M.Cs. who have come to this Court through the same counsel have an identical tale of woes to narrate. According to them, their vehicles have been seized for alleged infraction of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. They wanted petitions to be filed before the learned Judicial First Class Magistrate, Nilambur, for release of the vehicles. But it is submitted that the learned Magistrate did not accept the said petitions. They have therefore rushed to this Court with a prayer for issue of directions under Sec.482 of the Cr.P.C. 2. The stand taken by the petitioners, to say least, is strange. If the petitioners want to claim relief from the Crl.M.C. Nos.1808, 1809 & 1810 of 2008 -: 2 :- Magistrate, they must file appropriate applications before the learned Magistrate. The Magistrate, who receives an application has the option to return the same to cure defects, to reject the same, to dismiss the same or to allow the same. I am unable to understand how a Magistrate can refuse to receive a petition. There is nothing to show that the petitioners have filed any such application. The petitioners have to decide whether they should move the learned Magistrate concerned or the authority competent to order confiscation under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. If the petitioners choose to file any such application before the learned Magistrate, the learned Magistrate must necessarily consider the same in accordance with law and pass appropriate orders. 3. These Crl.M.Cs. are, in these circumstances, dismissed. 4. Hand over a copy of this order to the learned counsel for the petitioners for production before the learned Magistrate if necessary when applications are filed later. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. Nos.1808, 1809 & 1810 of 2008 -: 3 :-