IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 26366 of 2010(Y) -------------------------- PETITIONER(S): --------------- SALIM, AGED 30 YEARS, S/O.MOHAMMED KUTTY, VATTIKKATTIL HOUSE, PERINTHALLUR P.O., TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, TIRUR. 3. THE THRIPANGODU GRAMA PANCHAYATH THRIPANGODU, MALAPPURAM, REP.BY ITS SECRETARY. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 26366 of 2010 ================== Dated this the 19th day of August, 2010 J U D G M E N T The petitioner challenges Ext.P5 order passed by the District Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, whereby, on a finding that the petitioner has transported river sand illegally, the petitioner was directed to pay an amount of respondent Rs.55,000/- as value of the vehicle towards river management fund. The petitioner is challenging that order dated 11.8.2100. Inter alia, the petitioner contends that as on 11.8.2010, the District Collector did not have powers to issue original orders under the Act, since with effect from 14.6.2010, the Act was amended making the Sub Divisional Magistrate as the original authority to pass orders with the District Collector as the revisional authority. 2. I have heard the learned Government Pleader also. 3. The Act has been amended with effect from 14.6.2010 making the Sub Divisional Magistrate as the original authority to consider the cases of illegal transportation of river sand and the District Collector as the appellate authority against the orders passed by the Sub Divisional Magistrate. As such, on 11.8.2010 the District Collector could not have validly passed Ext.P6 order. Accordingly, Ext.P5 order is quashed. The appropriate authority under the Act is w.p.c.26366/10 2 directed to pass fresh orders in accordance with law, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge