IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 25686 of 2010(I) --------------------------------------- PETITIONER(S): ------------------------- K.S.VIJAYAN, S/O.SANKARANKUTTY, 9/210, KALADIYIL HOUSE, VARAVOOR, THRISSUR. BY ADV. SRI.K.S.BHARATHAN RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE TAHSILDAR, THALAPPILLY TALUK, THRISSUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, ERUMAPPETTY. R1 & R2 BY GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 25686 of 2010 ================== Dated this the 16th day of August, 2010. J U D G M E N T The petitioner challenges Ext.P4 order of the District Collector, whereby on a finding that petitioner has used his vehicle for illegal transportation of river sand in violation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, the petitioner has been directed to pay an amount of Rs.85,000/- as value of the vehicle towards River Management Fund. Inter alia, the petitioner challenges Ext.P4 order on the ground that the District Collector has no power to pass Ext.P4 order on the date when it was passed in so far as by an amendment ordinance with effect from 14.6.2010, the original authority to pass orders under Section 23 of the Act is the Sub Divisional Magistrate. 2. I have heard the learned Government Pleader also. 3. In Ext.P4, on the side margin, it is stated that the order was approved by the District Collector on 22.07.2010. That means the order of the Collector was subsequent to 14.6.2010, and, therefore, the District Collector was not the original authority to pass orders under Section 23 on the date when the W.P.(C).No. 25686 of 2010 2 District Collector approved Ext.P4 order for issue. Accordingly, Ext.P4 order is quashed. The appropriate authority under the Act as amended is directed to pass fresh orders in accordance with law as expeditiously as possible. 4. It would be open to the petitioner to move the appropriate authority for interim custody of the vehicle. The appropriate authority shall consider such application in accordance with the Full Bench decision in Shan C.T V. State of Kerala and Others, (2010 3 KHC 333 (FB)). The Writ Petition is disposed of accordingly. S.SIRI JAGAN, JUDGE mns