IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 32480 of 2010(H) -------------------------- PETITIONER(S): ------------------- MANIKANDAN,S/O.KUTTAPPAN, AGED 26 YEARS KADAVARATIL HOUSE, PERINGOD PO,KUTTANAD VIA, THRISSUR-DIST. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): ---------------------- 1. SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION, THRISSUR DIST-680 001. 2. SUPT.OF POLICE,AYYANTHOLE, THRISSUR-DIST-680 003. 3. THE DISTRICT COLLECTOR, AYYANTHOLE, THRISSUR DIST-680 003. 4. THE SUB DIVISIONAL MAGISTRATE & RDO, AYYANTHOLE,THRISSUR DIST-680 003. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 32480 OF 2010 (H) ===================== Dated this the 22nd day of October, 2010 J U D G M E N T Ext.P5 is an order passed by the 3rd respondent in the purported exercise of the powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. It is challenging Ext.P5, the writ petition is filed. 2. Ext.P5 is dated 14/6/2010, and on that date, the Act was amended conferring power of adjudication on the Sub Divisional Magistrate. In that view, the order has to be held as one passed without jurisdiction, and therefore has to be set aside. Accordingly, I set aside Ext.P5 order and direct that the Sub Divisional Magistrate, the 4th respondent herein, shall reconsider the matter and pass fresh orders. 3. In the meantime, if the petitioner is desirous of getting interim custody of the vehicle, it is clarified that it is open to the petitioner to make an application to the 4th respondent herein, in which event, the same will be considered in accordance with the provisions of the Act referred above and in the manner as WPC No. 32480/140 :2 : 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