IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 33764 of 2010(U) --------------------------------------- PETITIONER: ------------------- P.R.SABU, AGED 42 YEARS, S/O.P.K.RAGHAVAN, PUTHENPURAKKAL CHELASSERRY, POOTHADI AMSOM, DESOM, VARADOOR P.O., SULTHANBATTERY TALUK, WAYANAD DISTRICT. BY ADVS. SRI.T.K.SAIDALIKUTTY, SRI.A.A.ZIYAD RAHMAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR,WAYANAD. WAYANAD DISTRICT- 673 576. 2. DEPUTY TAHSILDAR, VYTHIRI TALUK, WAYANAD DISTRICT- 673 576. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 33764 of 2010 U ``````````````````````````````````````````````````````` Dated this the 9th day of November, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P4, an order passed by the first respondent in the purported exercise of his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act, 2001, confiscating the vehicle mentioned therein. 2. Ext.P4 order shows that it was passed on 09-07- 2010. Prior to the passing of the order with effect from 14-06- 2010, the Act was amended conferring powers to pass orders in the nature of Ext.P4 on the Sub Divisional Magistrate. Therefore, Ext.P4 order is without jurisdiction and for that reason, the same is set aside. The Sub Divisional Magistrate concerned will reconsider the matter in accordance with law on the production of a copy of this judgment. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks