IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3511 of 2009(R) ------------------------- PETITIONER(S): --------------- CHALIYADAN IBRAYI, S/O.MOIDU CHERUKARA, P.O.THARUVANA, MANATHAVADI, WAYANAD DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN SMT.SARASWATHI PALEREKEEZHIL RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KALPETTA. 2. THE DEPUTY COLLECTOR, (LR) CIVIL STATION KALPETTA. 3. THE SECRETARY, VELLAMUNDA GRAMA PANCHAYATH, P.O.KATTAYAD,VELLAMUNDA, WAYANAD. 4. THE SECRETARY PADINJARETHARA GRAMA PACHAYATH PADINJARETHARA PO, WAYANAD 673 575. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.3511 OF 2009 ------------------------ Dated this the 3rd day of February, 2009. JUDGMENT Ext.P10 order is under challenge. It is an order passed by the 2nd respondent exercising the powers that are conferred on the first respondent under the provisions contained in the Protection of River Banks and Regulation of Removal of Sand Act. 2. Admittedly, the Ist respondent is the officer designated in the Act for exercising the powers and that power has exercised by the 2nd respondent. For that reason the order deserves to be set aside and I do so. The first respondent is directed to consider the issue relating to the seizure of the vehicle bearing registration No.KLW-2120 and pass orders with notice to the Petitioner and also taking into account the law laid down by this court in the judgment in Subramanian V. State of Kerala (2009 (1) KLT 77). /2/ Writ petition is disposed of as above. vi (ANTONY DOMINIC) JUDGE