IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 33603 of 2010(A) --------------------------------------- PETITIONER(S): ----------------------- VINEETH KUMAR C.J, CHERUVALLIL HOUSE,MATHOOR PO, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI SRI.RAHUL VENUGOPAL RESPONDENT(S): ----------------------- 1. THE DISTRICT COLLECTOR,KOTTAYAM. 2. THE SUB INSPECTOR OF POLICE, KUMARAKOM POLICE STATION, KUMARAKOM,KOTTAYAM. R1 & R2 BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.33603 of 2010 -------------------------- Dated this the 8th November, 2010 JUDGMENT Challenge in the writ petition is against Ext.P9 order passed by the District Collector in the purported exercise of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act confiscating the vehicle bearing Reg. No.KL3/P-9031 and permitting the petitioner to redeem the same on remittance of its value. 2. Ext.P9 order is dated 12.10.2010. Admittedly, the Act was amended with effect from 14.6.2010 conferring power on the Sub Divisional Magistrate to pass orders in the nature of Ext.P9. 3. Therefore, EXt.P9 order is passed without jurisdiction and on that ground itself, the same is liable to be set aside and I do so. 4. The Sub Divisional Magistrate concerned shall pass fresh orders in the matter. W.P (C) No.33603 of 2010 2 5. In the meantime, if the petitioner is desirous of obtaining interim custody of the vehicle, it is made clear that it will be open to the petitioner to make an application before the Sub Divisional Magistrate, who shall pass orders applying the principles laid down by the Full Bench of this Court in Shan C.T Vs. State of Kerala [2010 (3) KHC 333] Petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the Sub Divisional Magistrate, for compliance. The writ petition is disposed of as above. ANTONY DOMINIC JUDGE ma