IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1786 of 2008()
1. DELEEP KUMAR T.D., S/O. DAMODARAN,
... Petitioner
Vs
1. STATE OF KERALA/SUB-INSPECTOR OF POLICE,
... Respondent
2. DISTRICT COLLECTOR, MALAPPURAM.
3. TAHSILDAR, PONNANI, MALAPPURAM.
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :21/05/2008
O R D E R
R. BASANT, J.
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Crl.M.C.Nos. 1786, 1788 &
1957 of 2008
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Dated this the 21st day of May, 2008
O R D E R
The petitioners in these Crl.M.Cs., all different persons,
have approached this Court through the same counsel with an
identical grievance. According to them, the vehicles belonging
to them have been seized for the alleged infraction of the
provisions of the Kerala Protection of River Banks and
Regulation of Removal of Sand Act. The vehicles seized have
not been released to them.
2. Have they approached the learned Magistrate? Have
they approached the authorities under the Kerala Protection of
River Banks and Regulation of Removal of Sand Act, to whom
seizure is bound to be reported and who are to pass orders of
confiscation?
3. Admittedly the petitioners have not done either. After
discussions at the Bar, the learned counsel for the petitioners
only prays that reserving the rights of the petitioners to approach
Crl.M.C.Nos. 1786, 1788 & 1957 of 2008
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the learned Magistrate or the authority under the Kerala Protection of
River Banks and Regulation of Removal of Sand Act, as they may be
advised, these Crl.M.Cs. may be dismissed, without any fetter on their
rights to later approach this Court, if their grievance remains
unsatisfied. The petitioner has a further grievance that the J.F.M.C.
Ponnani, within whose jurisdiction the alleged seizures had taken
place, is not entertaining any application for release of such vehicles.
4. It is for the petitioners to file formal applications before the
learned Magistrate if they feel that the learned Magistrate has power
and jurisdictional competence to order release of the vehicles. If they
file such applications, there can be no question of the learned
Magistrate not entertaining them. The learned Magistrate may return
the same, reject the same as not maintainable or allow them. There
can be no question of not entertaining such applications.
5. With the above observations these Crl.M.Cs. are dismissed.
6. Hand over the order.
(R. BASANT)
Judge
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Crl.M.C.Nos. 1786, 1788 & 1957 of 2008
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