IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 17475 of 2010(H) -------------------------- PETITIONER(S): --------------- L.SAIJU,S/O.LEKSHMANAN,AKKAVILA, ERAVIPURAM.P.O,KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR,COLLECTORATE, KOLLAM. 2. DISTRICT GEOLOGIST,ASHRAMAM,KOLLAM. 3. SUB INSPECTOR OF POLICE,POOYAPPALLY. GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 17475 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of June, 2010. J U D G M E N T The petitioner is aggrieved by seizure of his vehicle alleging illegal transportation of granite. The petitioner seeks release of the vehicle. According to the petitioner, the granite was accompanied by appropriate documents, despite producing which, the respondents have seized the vehicle illegally. The learned Government Pleader, on instructions, submits that at the time of seizure, the transportation was not accompanied by any valid document whatsoever. He further submits that a crime has been registered for violation of the provisions of the Mines and Minerals ( Regulation and Development) Act and a FIR has been lodged before the Kottarakkara Judicial Magistrate's Court, and therefore, for release of the vehicle, the petitioner has to approach the Magistrate's Court. 2. I have heard both sides. In view of the fact that a FIR has been registered, the remedy of the the petitioner lies in approaching the Magistrate. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.