IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 30641 of 2010(E) -------------------------- PETITIONER(S): ------------------- MUHAMMAD HANEEFA @ KHANEEFA, AGED 50 YEARS, S/O.MEERASAHIB, KALLUVALATHINKAL, VAYYATTUPUZHA P.O., CHITTAR, PATHANAMTHITTA. BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA-1. 3. CIRCLE INSPECTOR OF POLICE, MARARIKKULAM POLICE STATION. 4. DEPARTMENT OF MINING AND GEOLOGY, ALAPPUZHA, REPRESENTED BY ITS DISTRICT GEOLOGIST-1 GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 30641 OF 2010 (E) ===================== Dated this the 6th day of October, 2010 J U D G M E N T The challenge in the writ petition is against Ext.P1 order passed by the District Collector on 9/9/10 in purported exercise of his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. Admittedly, prior to the passing of the order, Act was amended w.e.f. 14/6/2010 conferring jurisdiction on the Sub Divisional Magistrate. Therefore, an order in the nature of Ext.P1 could not have been passed by the District Collector. In that view, Ext.P1 is passed without jurisdiction. Therefore, Ext.P1 has to be set aside and I do so. The Sub Divisional Magistrate concerned will reconsider the matter and pass fresh orders in the matter. 3. It is made clear that in the meanwhile, it will be open to the petitioner to apply for interim custody, in which event, the same will be considered in accordance with the provisions of the Act referred above and in the manner as directed by the Full Bench of this Court in the judgment in Shan C.T. v. State of WPC No. 30641/10 :2 : Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp