IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 7208 of 2011(A) ------------------------- PETITIONER(S): --------------- LALJI GOPNATHAN, SON OF GOPNATHAN, R/A.132 12/83,'GOKULAM' MAVELIKARA ALAPPUZHA DIST. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE SUB COLLECTOR (RDO) CHENGANNUR , ALAPPUZHA DIST PIN-689121 2. THE TAHSILDAR,CHENGANNUR, ALAPPUZHA DIST PIN-689121 3. THE DISTRICT COLLECTOR, CIVIL STATION, ALAPPUZHA, PIN-688001 BY GOVT. PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.7208 of 2011 -------------------------- Dated this the 22nd March, 2011 J U D G M E N T The petitioner is challenging Ext.P10, whereby, the vehicle bearing No.KL-05Q-1240 belonging to the petitioner has been seized and confiscated with reference to some offence under the Mines and Minerals (Development & Regulation) Act and Kerala Minor Mineral Concession Rules. 2. The learned counsel for the petitioner submits that there is absolutely no power, jurisdiction or competence to pass Ext.10 by the District Collector. 3. Heard the learned Government Pleader as well. 4. Going by the materials on record, it is seen that the Ext.P10 has been passed by the 3rd respondent, ordering 'confiscation', which power, unlike the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Rules 2002, is exclusively vested with the 'Court' and not on the Revenue Authorities. W.P (C) No. 7208 of 2011 2 5. In the said circumstance, this Court finds that Ext.P10 order passed by the 3rd respondent is without any jurisdiction. 6. Accordingly Ext.P10 is set aside and the 3rd respondent is directed to cause the vehicle to be produced before the concerned Magistrate's Court forthwith and pursue appropriate course, in accordance with the relevant provisions of law. It will be open for the petitioner to approach the concerned Magistrate's Court for having the interim custody of the vehicle, subject to the conditions to be fixed by the said Magistrate's Court. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge