IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 17TH FEBRUARY 2007 / 28TH MAGHA 1928 WP(C).No. 4316 of 2009(L) ----------------------------------------- PETITIONER(S): ------------------------- 1. V.K. KURIAN, AGED 47 YEARS, S/O. THE LATE V.T.KURIAN, VATHALLORKALAYIL HOUSE , PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM DISTRICT. 2. NISHS KURIAN, AGED 40 YEARS, W/O. V.K. KURIAN, VATHALLORKALAYIL HOUSE , PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM DISTRICT. 3. GIGI ABRAHAM, AGED 37 YEARS, S/O. ABRAHAM, ATHAPPALLIYIL HOUSE, VETTIMUGAL P.O., ETTUMANOOR, KOTTAYAM DIST. 4. A.N. DAMODARAN, AGED 76 YEARS, S/O. THE LATE ACHUTHAN, ALAKKAL, PUNNATHURA P.O., ETTUMANOOR, KOTTAYAM DIST. 5. A.D. PRASANNAN, AGED 44 YEARS, S/O. A.N. DAMODARAN, ALAKKAL, PUNNATHURA P.O., ETTUMANOOR, KOTTAYAM DISTRICT. 6. K.P. ANISH, AGED 26 YEARS, S/O. CHELLAPPAN, KALARICKAL HOUSE, KATTACHIRA P.O., ETTUMANOOR, KOTTAYAM DISTRICT. 7. JOMON JOSEPH, AGED 36 YEARS, S/O. THE LATE M.K. JOSEPH, KOTTAKKUPURAM, PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM DIST. Kss ..2/- ..2.... WPC.NO.4316/2009 L 8. K.V. SUDHISHKUMAR, AGED 30 YEARS, S/O. THE LATE K.V. VELAYUDHAN NAIR, KIZHAKKOT VEEDU, AYARKUNNAM, KOTTAYAM DISTRICT. BY ADVS. MR.C.S.MANU, MR.S.K.PREMRAJ MR.ANOOP JOSEPH MR.ABHILASH AKBAR MR.T.B.SIVAPRASAD RESPONDENT(S): ------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,KOTTAYAM. 3. REVENUE DIVISIONAL OFFICER, KOTTAYAM. 4. TAHSILDAR, KOTTAYAM. 5. DEPUTY TAHSILDAR, KOTTAYAM. 6. VILLAGE OFFICER, ETTUMANOOR VILLAGE, KOTTAYAM DISTRICT. 7. VILLAGE OFFICER, AYARKUNNAM VILLAGE, KOTTAYAM DIST. 8. VILLAGE OFFICER, PEROOR VILLAGE, KOTTAYAM DIST. 9. SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION. 10. SUB INSPECTOR OF POLICE, AYARKUNNAM POLICE STATION. 12. DEPUTY COLLECTOR (LR), COLLECTORATE, KOTTAYAM. BY GOVERNMENT PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009 ALONG WITH WPC.NO.4411 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC,J. ----------------------- W.P.(C).Nos.4316 & 4411 OF 2009 ------------------------ Dated this the 17th day of February, 2009. JUDGMENT In these writ petitions orders passed by the District Collector exercising his powers under the Kerala protection of River Banks and Regulation of Removal of Sand Act, 2001 are under challenge. 2. In so far as WP(c).No.4316/09 is concerned, Exts.P13 to P20 are the orders passed. They were preceded by Exts.P21 to P25 notice of hearing. These notices were issued by the Deputy Collector(LR), requiring the petitioners to appear before him for hearing. 3. In so far as WP(c).No.4411/09 is concerned, Ext.P7 is the notice issued by the Deputy Collector and Ext.P6 is the final order passed by the Collector. 4. Evidently, therefore the hearing was scheduled by the Deputy Collector and final order has been passed by the WP(c)Nos.4316/09& 4411/09 /2/ District Collector himself. In view of the provisions contained under the Act and the Rules framed thereunder, the authority who is competent to pass orders in the nature of Exts.P13 to P20 in WP(c).No.4316/09 and Ext.P6 in WP(c).No.4411/09 is the District Collector himself and he could not have delegated that power. For that reason, Exts.P13 to P20 in WP(c).No. 4316/09 and Ext.P6 in WP(c).No.4411/09 will stand quashed. 5. District Collector is directed to issue notice to the petitioners, hear them and thereafter pass orders in accordance with the provisions contained in the Act, as expeditiously s possible and at any rate within one month from the date of production of a copy of the judgment. Writ Petitions are disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c)Nos.4316/09& 4411/09 /2/