IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 27051 of 2010(F) -------------------------- PETITIONER(S): --------------- GOPALAN, AGED 60 YEARS,S/O.NARAYANAN PILAKKAYIL HOUSE, THEYYANGAD, EZHUVATHIRUTHY PONNANI. (REGISTERED OWNER OF KL-10 U - 7858 TIPPER) BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM 2. THE S.I.OF POLICE, PERUMPADAPPA. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27051 of 2010 (F) --------------------------------- Dated, this the 31st day of August, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P3 order dated 16/06/2010 passed by the District Collector in purported exercise of his powers under the provisions of the Kerala River Banks and Regulation of Removal of Sand Act, 2002. 2. A reading of Ext.P3 order itself shows that this order was passed after the Act was amended by Ordinance 31 of 2010. If so, necessarily, the Sub Divisional Magistrate is the authority competent to pass orders in the matter. In that view of the matter, Ext.P3 order deserves to be set aside. 3. Accordingly, this writ petition is disposed of quashing Ext.P3 order and directing the 1st respondent to forward the proceedings to the Sub Divisional Magistrate for his consideration, in accordance with law. The petitioner shall produce a copy of this judgment before the 1st respondent, who shall take immediate action in the matter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg