IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 34182 of 2010(W) ----------------------------------------- PETITIONER(S): ----------------------- P.R.SABU, AGED 43 YEARS, S/O.P.K.RAGHAVAN, PUTHENPURAKKAL CHELASSERRY, POOTHADI AMSOM, DESOM, VARADOOR.P.O., SULTHAN BATTERY TALUK, WAYANAD DISTRICT. BY ADVS. SRI.T.K.SAIDALIKUTTY, SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN. RESPONDENT(S): ------------------------------ 1. THE DISTRICT COLLECTOR, CIVIL STATION, KALPETTA, WAYANAD. 673 121. 2. THE TAHSILDAR, TALUK OFFICE, SULTHAN BATTERY, WAYANAD DISTRICT. 673 121. R1 & R2 BY GOVERNMENT PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------- W.P (C) No.34182 of 2010 -------------------------- Dated this the 12th November, 2010 J U D G M E N T Petitioner seeks to challenge Ext.P5 order passed by the first respondent in the purported exercise of his powers under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Ext.P5 shows that it was passed by the first respondent on 28.6.2010. Prior to the said date, with effect from 14.6.2010, the Act was amended conferring power on the Sub Divisional Magistrate. In that view of the matter, Ext.P5 is one issued without jurisdiction and therefore cannot be sustained. 2. Therefore, Ext.P5 will stand set aside and the Sub Divisional Magistrate, on production of the copy of this judgment will reconsider the matter with notice to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE ma