IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 25720 of 2010(L) ----------------------------------------- PETITIONER(S): --------------------------- SREEJESH.S.M, 'SHEHA', EDAPPON, IRANIKKUDY.P.O. BY ADVS. SRI.K.SASIKUMAR, SRI.S.ARAVIND, SRI.P.JINISH PAUL. RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA - 688 001. 2. ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA - 688 001. 3. SUB DIVISIONAL MAGISTRATE (REVENUE DIVISIONAL OFFICER), CHENGANNUR - 689 121. 4. SUB INSPECTOR OF POLICE, NOORANAD - 690 504. 5. TAHAZILDAR, MAVELIKKARA - 690 101. R1 TO R5 BY GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 25720 of 2010 ================== Dated this the 16th day of August, 2010. JUDGMENT The petitioner challenges Ext.P1 order passed by the District Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, interalia on the ground that the order passed on 23.07.2010 was without jurisdiction in so far as on that date the District Collector was not the original authority competent to pass orders under Section 23 of the Act. I have heard the learned Government Pleader also. The Act has been amended by the amendment ordinance with effect from 14.6.2010 as per which the Sub Divisional Magistrate is the original authority to pass orders in the matter of illegal transportation of river sand. That being so, Ext.P1 order passed on 23.7.2010 by the District Collector is not in order. Accordingly, Ext.P1 is quashed. The appropriate authority under the Act is directed to pass fresh orders in accordance with law as expeditiously as possible. The petitioner may move the appropriate authority for interim custody and if done the appropriate authority shall consider such request in accordance W.P.(C).No. 25720 of 2010 2 with the Full Bench decision in Shan C.T V. State of Kerala and Others, (2010 3 KHC 333(FB)). The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE mns