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. 1786 of 2008() ------------------------- JFCM COURT, PONNANI PETITIONER: ------------ DELEEP KUMAR T.D., S/O. DAMODARAN, AGED 30 YEARS, THALAKKATT HOUSE, ANJOOR P.O., THRISSUR DISTRICT, (OWNER AND POSSESSOR OF THE VEHICLE KEZ-3209). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------- 1. STATE OF KERALA/SUB-INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI, MALAPPURAM DISTRICT. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. TAHSILDAR, PONNANI, MALAPPURAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2008, A/W. CRMC 1788 & 1957 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 1786, 1788 & 1957 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2008 O R D E R The petitioners in these Crl.M.Cs., all different persons, have approached this Court through the same counsel with an identical grievance. According to them, the vehicles belonging to them have been seized for the alleged infraction of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The vehicles seized have not been released to them. 2. Have they approached the learned Magistrate? Have they approached the authorities under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, to whom seizure is bound to be reported and who are to pass orders of confiscation? 3. Admittedly the petitioners have not done either. After discussions at the Bar, the learned counsel for the petitioners only prays that reserving the rights of the petitioners to approach Crl.M.C.Nos. 1786, 1788 & 1957 of 2008 2 the learned Magistrate or the authority under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, as they may be advised, these Crl.M.Cs. may be dismissed, without any fetter on their rights to later approach this Court, if their grievance remains unsatisfied. The petitioner has a further grievance that the J.F.M.C. Ponnani, within whose jurisdiction the alleged seizures had taken place, is not entertaining any application for release of such vehicles. 4. It is for the petitioners to file formal applications before the learned Magistrate if they feel that the learned Magistrate has power and jurisdictional competence to order release of the vehicles. If they file such applications, there can be no question of the learned Magistrate not entertaining them. The learned Magistrate may return the same, reject the same as not maintainable or allow them. There can be no question of not entertaining such applications. 5. With the above observations these Crl.M.Cs. are dismissed. 6. Hand over the order. (R. BASANT) Judge tm Crl.M.C.Nos. 1786, 1788 & 1957 of 2008 3