IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 29659 of 2010(F) --------------------------------------- PETITIONER: ------------------- SHAHEER, S/O.HAMSA, ARAM KANDATHIL HOUSE, IRINGAL P.O., KOYILANDY. BY ADVS. SRI.PULIKKOOL ABUBACKER, SRI. ZUBAIR PULIKOOL. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, KOZHIKODE, PIN – 675 005. 2. SUB INSPECTOR OF POLICE, PAYYOLI, PIN – 673 615. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29659 of 2010 (F) --------------------------------- Dated, this the 27th day of September, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P9, an order passed by the District Collector in the purported exercise of his powers under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. Ext.P9 order is dated 26/06/2010, which is passed subsequent to the amendment to Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 by Ordinance 31 of 2010 and therefore, the case of the petitioner should have been dealt with by the Sub Divisional Magistrate, the Officer authorised under the amended Act. In view of the above, Ext.P9 order is issued without jurisdiction and has to be set aside and I do so. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent, who shall transmit the records to the Sub Divisional Magistrate for passing fresh orders in the matter, with notice to the parties. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg