IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.MC.No. 732 of 2009() ------------------------ CMP.7992/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): PETITIONER: --------------------------------------------- RAVEENDRAN, S/O GOPALAN,VADAKKATH VALAPPIL HOUSE, PO KALADY,KANDANAKAM, MALAPPURAM DISTRICT. BY ADVS.MR.A.MOHAMED MUSTAQUE, MR.K.R.AVINASH (KUNNATH) RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUTTIPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.1014/09 IN CRL.M.C.NO.732/09 DISMISSED 20/02/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 732 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of February, 2009. O R D E R This petition is filed with a prayer to set aside the order in CMP 7992/08 passed by the Judicial First Class Magistrate, Tirur. It is with respect to the release of a vehicle bearing Reg.No.KL 10Y 4812. The vehicle is seized alleging that it is used for illegal transport of sand and that an action u/s 17(1) of the Kerala Anti Social Activities (Prevention) Act, 2007 is initiated by the District Collector. Now the position is settled by virtue of a decision of this Court in Crl.M.C. 53 of 2009. It has been held that the appropriate remedy for the party is not to approach the Magistrate Court but to approach the District Collector for appropriate relief. Therefore reserving the right of the petitioner to approach the District Collector for appropriate relief this CRL.M.C. is dismissed. I make it clear that if such an application is filed the District Collector shall pass an order as expeditiously as possible. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy]