IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 33804 of 2010(A) ------------------------ PETITIONER : ------------------- ANIMON, S/O.HANEEFA PUTHENMANNEL VEETTIL, KARTHIKAPPALLY, KAYAMKULAM BY ADVS. SRI. R. SUNILKUMAR SMT.A.SALINI LAL RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN-688 001 2. CIRCLE INSPECTOR OF POLICE, MARARIKULAM POLICE STATION, MARARIKULAM PIN-688 549 3. SUB DIVISIONAL MAGISTRATE R.D.O.OFFICE, ALAPPUZHA PIN-688 011 R1 TO R3 BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 33804 of 2010 A ``````````````````````````````````````````````````````` Dated this the 9th day of November, 2010 J U D G M E N T Ext.P1 order dated 02-09-2010 passed by the first respondent in the purported exercise of his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act, 2001 is under challenge. Admittedly, with effect from 14-06-2010, the Act has been amended, conferring power on the Sub Divisional Magistrate. Ext.P1 shows that the order was passed by the person holding the charge of the District Collector and, therefore, the order has to be held as one without jurisdiction. 2. Therefore, Ext.P1 is set aside and the writ petition is disposed of, directing the Sub Divisional Magistrate concerned to pass orders in the matter with notice to the parties and in accordance with law. 3. Petitioner states that an application made by him for interim custody of the vehicle is pending since 12-04-2010. W.P.(C) No.33804/10 : 2 : If that be so, it is directed that orders thereon shall be passed on the production of a copy of this judgment, applying the principles laid down by this Court in Shan C.T. Vs. State of Kerala [2010 (3) KHC 333]. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge