IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26827 of 2010(C) -------------------------- PETITIONER(S): --------------- PRABHAKARAN.K.K., S/O.SANKARAN AGED 42 YEARS, KUNNATH HOUSE, P.O.VARAVATTOOR, THRISSUR DISITRICT,(RC OWNER OF KL-48A/7015) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE DISITRICT COLLECTOR, COLLECTORATE, THRISSUR. 2. SUB INSPECTOR OF POLICE, CHERUTHURUTHY-POLICE STATION, CHERUTHURUTHY P.O, THRISSUR DISTRICT 679 531. 3. REVENUE DIVISIONAL OFFICER/SUB DIVISIONAL MAGISTRATE (PRIMARY AUTHORITY UNDER SAND ACT), OFFICE OF THE RDO, THRISSUR-3 GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.26827 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2010 J U D G M E N T The petitioner is challenging Ext.P4 order of the District Collector, Thrissur, whereby interim custody of the vehicle seized on allegations of illegal transportation of river sand has been given to the petitioner on certain conditions therein. Petitioner raises two contentions. First is that, the order is dated 12.08.2010, on which date the District Collector was not the authority competent to pass orders, in view of the amendment of the Act with effect from 14.06.2010. The second is that, one of the conditions mentioned therein is not in accordance with the Full Bench decision in Shan C.T. v. State of Kerala & Others, (2010 (3) KHC 333), in so far as, as per the said decision, the petitioner has an option to furnish immovable property as security instead of bank guarantee. W.P.(C)No.26827 of 2010 -2- 2. I have heard the learned Government Pleader also. 3. After 14.06.2010, with effect from which the Act was amended, it is the Sub Divisional Magistrate who is the authority to pass original orders in respect of seizure of vehicles on allegations of illegal transportation of river sand. That being so, Ext.P4 order passed by the District Collector is clearly not in order. Accordingly Ext.P4 is quashed. The Sub Divisional Magistrate, the 3rd respondent herein, is directed to consider the request of the petitioner for interim custody of the vehicle in terms of the Full Bench decision in Shan C.T. v. State of Kerala & Others, (2010 (3) KHC 333) as expeditiously as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/