Palappatta Karimpanakkal … vs The District Collector on 16 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 588 of 2009()


1. PALAPPATTA KARIMPANAKKAL SHOWKATH,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. THE TAHSILDAR, MANJERI, MALAPPURAM

3. THE STATION HOUSE OFFICER, NILAMBUR

4. STATE OF KERALA,

                For Petitioner  :SRI.K.M.JAMALUDHEEN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :16/02/2009

 O R D E R
                       M.N. KRISHNAN, J
                       -----------------------
                  CRL.M.C.No. 588 OF 2009
                  ---------------------------------
            Dated this the 16th day of February, 2009

                            O R D E R

This petition is filed with a prayer to quash Annexure C

order and to release of the lorry of the petitioner. The vehicle

had been seized in connection with the involvement in illegal

transportation of river sand. The learned Magistrate as well as

the Sessions Judge did not invoke their jurisdiction under Section

457 of the Criminal Procedure Code to release the vehicle on the

ground that the said vehicle had been used perpetually for the

transport of illegal sand. Now in a recent decision in Crl.M.C

533/2009, a learned Judge of this court after referring to a

Division Bench of this Court held that the right of the party is to

move the District Collector for appropriate relief.

Therefore reserving the said right of the petitioner to move

the District Collector for appropriate relief the Crl.M.C is

dismissed. When such an application is filed, the District Collector

is bound to take a decision as expeditiously as possible.

M.N. KRISHNAN,JUDGE
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