IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 27511 of 2010(L) ------------------------------------- PETITIONER(S): ---------------------- T.D.JOSE, AGED 52 YEARS, S/O.DEVASSY, THELEKKATTU HOUSE, KADUKUTTY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. BY GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 27511 of 2010 L ``````````````````````````````````````````````````````` Dated this the 6th day of September, 2010 J U D G M E N T Challenge in this writ petition is against Ext.P6 order passed by the District Collector, on 30-07-2010, in purported exercise of power under the provisions under Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act, 2001. Admittedly, before this order was passed, the Act was amended with effect from 14-06-2010. In that view of the matter, it is for the authorized officer and not the District Collector to pass this order. 2. Therefore, Ext.P6 is set aside and it is directed that on production of a copy of this judgment, the first respondent shall forward the papers to the Sub Divisional Magistrate, the authorized officer, who shall pass fresh orders in the matter, with notice to the petitioner in accordance with law. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks