IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 34100 of 2010(J) --------------------------------- PETITIONER(S): ------------------- SHIBU, S/O.SASI, 6/317 (1/198) SREEPADAM COLONY, KARICHARA, ANDOORKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.A.AHZAR RESPONDENT(S): -------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 695 001. 2. JOINT R.T.O., REGIONAL PASSPORT OFFICE, KAZHAKKOOTTAM-695 582. 3. SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, MANGALAPURAM-696 101. BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ================ W.P.(C) NO. 34100 OF 2010 (J) ===================== Dated this the 11th day of November, 2010 J U D G M E N T Ext.P5 order is under challenge. This is an order passed by the Deputy Collector on 7/6/2010 exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 confiscating mini lorry bearing Regn.No.KL-13/J 1100 and ordering its release on remittance of the value specified therein. 2. Having read the order in its entirely, I am fully in agreement with the learned counsel for the petitioner that this order has been passed without any application of mind. That apart, it is also seen that the District Collector has delegated power to pass orders to Deputy Collector, which also is impermissible. In that view of the matter, I set aside Ext.P5 and direct that the Sub Divisional Magistrate, who is now authorised to pass orders in the nature of Ext.P5, shall reconsider the matter with notice to the petitioner and pass fresh orders in accordance with law. 3. It is made clear that, in the meanwhile, it will be open WPC No. 34100/10 :2 : to the petitioner to apply to the Sub Divisional Magistrate 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 Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp