IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24743 of 2010(P) -------------------------- PETITIONER(S): --------------- U.ABDUL NASSAR S/O.MOOSA, UMMAT HOUSE, IRUMBUZHI PO, MALAPPURAM DISTRICT. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM 676 505. 2. THE SUB INSPECTOR OF POLICE, MANJERI., MANJERI(PO), MALAPPURAM DISTRICT.676 121. 3. THE SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA, MALAPPURAM DISTRICT. BY G.P.SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.24743 OF 2010 ------------------------------------------ Dated this the 6th day of August, 2010 JUDGMENT The petitioner challenges Ext.P2 order passed by the District Collector, Malappuram dated 28.6.2010 under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, (for short 'the Act'), by which on a finding that the petitioner has used his vehicle for illegal transportation of river sand. Petitioner has been directed to pay an amount of Rs.1,10,000/- as value of the vehicle towards river management fund. One of the contentions raised by the petitioner is that on the date of passing of Ext.P2 order, the District Collector did not have jurisdiction to pass that order, since by an amendment to the Act with effect from 14.6.2010, the jurisdiction to pass original orders under Section 23 of the Act has been vested with the Sub Divisional Magistrate and the District Collector is an appellate authority. I have heard the learned Government Pleader also. Admittedly from 14.6.2010 onwards the Sub Divisional Magistrate is the authority competent to pass orders under Section 23 of the Act. Therefore, the District Collector did not have jurisdiction to pass Ext.P2 order. Accordingly, Ext.P2 is quashed. The appropriate authority as per the amended Act is directed to pass fresh orders in accordance with law, W.P(C) No.24743 OF 2010 2 after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. S.SIRI JAGAN, JUDGE cms