IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 2914 of 2011(L) ------------------------- PETITIONER(S): ----------------------- MANSOOR ALI N., S/O.KUNHUMOHAMMEDKUTTY, AGED 32 YEARS, NALAKATH HOUSE, UROOB NAGAR, PALLAPRAM, PONNANI-679577. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REP.BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM- 695001. 2. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM-679322. 3. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI-679577. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 2914 OF 2011 ===================== Dated this the 28th day of January, 2011 J U D G M E N T Ext.P3 order is under challenge. This order was passed by the District Collector, Malappuram on 14/7/2010 in the purported exercise of his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Admittedly, Act was amended w.e.f. 14/6/2010, and with effect from that date, the power to pass order in the nature of Ext.P3 has been conferred on the Sub Divisional Magistrate. In that view, Ext.P3 has to be held as an order passed without jurisdiction and therefore the order is liable to be set aside. 2. However fact remains that more than 6 months have already elapsed since the passing of Ext.P3. In the meantime, if further action has been taken based on Ext.P3 and the vehicle has been auctioned, no useful purpose will be served by directing a re adjudication in the matter. 3. Taking note of the above, I dispose of this writ petition directing that, if as asserted by the learned counsel for the petitioner, vehicle has not been auctioned so far, Ext.P3 will be WPC No. 2914/11 :2 : treated as set aside and Sub Divisional Magistrate concerned will reconsider the matter with notice to the petitioner and pass appropriate orders in the matter. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent, who shall take appropriate action as directed. ANTONY DOMINIC, JUDGE Rp