IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 28328 of 2010(M) -------------------------- PETITIONER(S): -------------------- SHAMSUDHEEN AGED 32 YEARS, S/O.MOOSA POOTHATTAI KADUKKAI HOUSE, KUNNATHUPARAMBU PO MALAPPURAM DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM SRI.O.ABDUL HAFEELU RESPONDENT(S): ---------------------- 1. THE DISTRICT COLLECTOR MALAPPURAM DISTRICT, 676 505 KERALA STATE. 2. TAHSILDAR TIRURANGADI TALUK, MALAPPURAM DISTRICT, 676 306. 3. S.I.OF POLICE, TIRURANGADI POLICE STATION, MALAPPURAM DISTRICT, 676 306. 4. JOINT R.T.O TIRUR, MALAPPURAM DISTRICT, 676 101. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28328 OF 2010 (M) ===================== Dated this the 14th day of September, 2010 J U D G M E N T Ext.P1 order passed by the 1st respondent is under challenge. A reading of Ext.P1 shows that the petitioner's vehicle KL-10 U 3147 is found to have been used for the unauthorised transportation of river sand, and on that basis, the vehicle is held to be liable for confiscation. However, a reading of this order itself shows that the order was passed long after the amendment of the Act, as a result of which, it is the Sub Divisional Magistrate, who is the officer authorised to conclude the proceedings. In that view of the matter, Ext.P1 order of the 1st respondent is to be held as one without jurisdiction. Therefore, Ext.P1 is set aside. 2. Petitioner may produce a copy of this judgment before the 1st respondent, who shall thereupon transmit the proceedings to the Sub Divisional Magistrate concerned, who shall deal with the case of the petitioner in accordance with law and in the light of the principles laid down by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333]. WPC No. 28328/10 :2 : 3. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp