IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8879 of 2009(D) ------------------------------- PETITIONER(S): ------------------ SUBAIR V., S/O.ABDULLAH, AGED 34 YEARS, VARKKALIL HOUSE, NEELESWARAM AMSOM, MUKKAM, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): ------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOZHIKODE DISTRICT. 2. THE ADDITIONAL TAHSILDAR, KOZHIKODE 3. THE TAHSILDAR, KOZHIKODE. 4. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8879 OF 2009 (D) ===================== Dated this the 19th day of March, 2009 J U D G M E N T Petitioner is the registered owner of a vehicle bearing Regn.No.KL-11/R.911. Proceedings have been initiated against the said vehicle on the allegation that it was used in the unauthorised transportation of river sand. Petitioner states that he filed an application before the Judicial First Class Magistrate, Kozhikode and Ext.P6 order for temporary release of the vehicle was obtained. According to the petitioner, against Ext.P6 order, a revision filed by the Additional Tahsildar is pending before the District Collector, Kozhikode. In the meanwhile, this Court rendered the judgment reported in Shoukathali v.Tahsildar (2009(1) KLT 640) taking the view that the Judicial Magistrate has no jurisdiction to entertain an application in the nature of the one which led to Ext.P6. It is in these circumstances waiving the rights available under Ext.P6, petitioner has filed this writ petition. 2. Petitioner points out that he has sought release of the vehicle by filing Ext.P1 before the District Collector, before WPC 8879/09 :2 : whom proceedings in respect of the vehicle is pending. Therefore, taking into account the pendency of Ext.P1 before the District Collector, I dispose of this writ petition directing that the 1st respondent shall consider and pass orders on Ext.P1 application made by the petitioner . This shall be done, as expeditiously as possible, at any rate within 10 days of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp