IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24708 of 2010(K) -------------------------- PETITIONER(S): --------------- VINU KUMAR, S/O VIJAYAKUMARAN NAIR, H.NO.79/2099, MUVARATHALA VEEDU, KARIKKAKAM BACH.P.O., TRIVANDRUM. BY ADV. SRI.A.AHZAR RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE TRIVANDRUM. 2. S.I. OF POLICE, KADINAMKULAM POLICE STATION. 3. TAHSILDAR, TALUK OFFICE, TRIVANDRUM. BY G.P.SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ------------------------------------------ W.P(C) No.24708 OF 2010 ------------------------------------------ Dated this the 6th day of August, 2010 JUDGMENT Petitioner challenges Ext.P2 order dated 21.6.2010 of the District Collector, Thiruvananthapuram, passed under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short 'the Act') inter alia on the ground that on the date of passing of the order, the District Collector was not the original authority competent to pass that order. The Act has been amended with effect from 14.6.2010 whereby the District Collector has ceased to be the original authority to consider matters under Section 23 of the Act. Ext.P2 order has been passed on 21.6.2010 after the amendment came into force. Therefore, on 21.6.2010 the District Collector did not have jurisdiction to issue that order in so far as the District Collector is the appellate authority under the amended provisions. On that ground Ext.P2 is quashed. Appropriate authority as per the amended Act shall pass fresh orders in accordance with law, after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE cms