IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 3040 of 2011(D) ------------------------ PETITIONER : -------------------- MAHIN, ODOTTU KIZHAKKATHIL, MANNAR, CHENGANNUR, PATHANAMTHITTA. BY ADV. SRI.SYAM J. SAM RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-681241. 2. THE REVENUE DIVISIONAL OFFICER, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT-681241. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 3040 of 2011 D ``````````````````````````````````````````````````````` Dated this the 31st day of January, 2011 J U D G M E N T Prayer sought in the writ petition is to quash Ext.P1, which is an order dated 12-11-2010 issued by the first respondent in the purported exercise of his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Admittedly, the Act was amended with effect from 14-06-2010, conferring power to pass orders in the nature of Ext.P1 on the Sub Divisional Magistrate. In that view, Ext.P1 is an order passed by the District Collector without jurisdiction. Therefore, I set aside Ext.P1 and direct that, on the production of a copy of this judgment, the files will have made over to the second respondent and the second respondent will reconsider the matter with notice to the petitioner and pass appropriate orders in the matter. It is made clear that it will be open to the petitioner to seek interim custody of the vehicle, in which event, the second respondent W.P.(C) No.3040/2011 : 2 : will consider the application in the light of the law laid down in Shan C.T. Vs. State of Kerala [2010 (3) KHC 333]. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge