IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 WP(C).No. 28963 of 2010(U) -------------------------- PETITIONER(S): --------------- MR.KUNJUMOHAMMED, KANNATHU NJALIL VEEDU, PANJAL, THRISSUR. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, TRICHUR 680 581. 2. THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY 679 531. 3. THE TAHSILDAR, TALAPPILLY 670 644. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28963/2010-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of September, 2010 J U D G M E N T The petitioner is aggrieved by orders Exts.P7 and P8 passed by the District Collector, Thrissur under the relevant provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. He is the registered owner of two vehicles namely, KL-02-D-4204 and KL-07-N-5002. 2. It is submitted that under the amended provisions of the Act, the Sub Divisional Magistrate is the competent authority to pass an order with regard to the further action in respect of the vehicles seized. 3. The learned Government Pleader fairly submitted that the orders can be set aside and the matter can be relegated to the Sub Divisional Magistrate, Thrissur for de novo consideration of the entire matter. 4. Therefore, the writ petition is allowed. Exts.P7 and P8 are quashed. There will be a direction to the Sub Divisional Magistrate, Thrissur to hear the petitioner and pass appropriate orders as enjoined by law in terms of the provisions of the Act. The petitioner will be also free to approach the authority concerned for the interim custody of the vehicles. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE