IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36449 of 2008(L) ------------------------------------ PETITIONERS: ---------------------- 1. AJAYAN, S/O.KRISHNAN, VELIYATH VEEDU, KUTTAMASSERY BHAGAOM, KEEZHMADKARA, ALUVA. 2. C.B.BASHEER, S/O.BAVA, CHAMAKKADY HOUSE, SOUTH VAZHAKKULAM VILLAGE, VAZHAKKULAM KARA. BY ADV. SRI.P.PARAMESWARAN NAIR SMT.SREELATHA PARAMESWARAN NAIR RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36449 of 2008(L) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF THE COMMON ORDER PASSED BY THE JFCM, PERUMBAVOOR DATED 26/11/2008. // TRUE COPY // PS TO JUDGE rhs V. GIRI, J. ------------------------------- WP(C).NO. 36449 of 2008 --------------------------------- Dated this the 11th day of December, 2008 JUDGMENT The petitioners are aggrieved by the seizure of their vehicles effected by the second respondent allegedly for infraction of the provisions of the Land Utilisation Order. The jurisdictional Magistrate has rejected the applications for release of the vehicles under section 457 of the Cr.P.C. as evidenced by Ext.P1, on the ground that since the vehicles have been produced before the District Collector and have not been produced before the court, the Magistrate is unable to pass orders under section 457 of the Cr.P.C. In my view, the remedy of the petitioner is to move the concerned District Collector. 2. Having heard learned Government Pleader also, the writ petition is disposed of permitting the petitioners to seek release of the vehicles bearing Nos.KL-17-2 106,KL-01/M-3852, KL-13- Q-3920 and KL-01/M-3852, by approaching the District Collector. If the petitioners file an application in this behalf before the first WPC.36449 /2008 2 respondent within a period of two weeks from the date of receipt of a copy of this judgment, the first respondent shall conduct enquiry and take a decision on the petitioners request within four weeks thereafter. V. GIRI, JUDGE. pmn/ WPC.36449 /2008 3