IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30095 of 2010(J) -------------------------------------- PETITIONER: ------------------- RAMESH, S/O.KRISHNAN, MANNILAVALAPIL VEEDU, THANDALAM, NARIPARAMPU P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.SAJU.S.A. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, UPHIL, MALAPPURAM DISTRICT, PIN- 676 505. 2. TAHSILDAR, TALUK OFFICE, PONNANI, MALAPPURAM, PIN -679 577. 3. SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT, PIN- 679 577. R1 TO R3 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30095 of 2010 (J) --------------------------------- Dated, this the 30th day of September, 2010 J U D G M E N T Ext.P4 final order passed by the District Collector in the purported exercise of his powers conferred under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, is under challenge. A reading of Ext.P4 order shows that this order was passed on 18/08/2010, which is long after the Act was amended conferring power on the Sub Divisional Magistrate, to deal with the issue. In that view, Ext.P4 order passed by the District Collector is one rendered without jurisdiction. Therefore, Ext.P4 order is set aside, and it is directed that the matter will stand remitted to the Sub Divisional Magistrate, who shall reconsider the matter and pass orders, in accordance with law. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg