IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 10632 of 2011(D) -------------------------- PETITIONER: --------------- R.V.BAVA AGED 58 YEARS, S/O.BAPPUTTI HAJI, BUSINESS MAN AND BUILDER, R.V.MANZIL, PONNANI. BY ADV. SRI.C.KHALID SRI.T.P.SAJID RESPONDENTS: --------------- 1. SUB DIVISIONAL MAGISTRATE, TIRUR 676 101. 2. DEPUTY TAHSILDAR PONNANI 679 577. *ADDL .R3. DISTRICT COLLECTOR, MALAPPURAM (*ADDL.R3 IS IMPLEADED SUO MOTU IN THE PARTY ARRAY AS PER THE JUDGMENT DATED 03.06.2011 ) BY SR. GOVERNMENT PLEADER ADV. MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C ) No. 10632 OF 2011 ......................................................................... Dated this the 3rd June, 2011 J U D G M E N T The vehicle bearing No. KL/9.4144 belonging to the petitioner was seized by the second respondent on 23.02.2010 alleging illegal transportation of river sand. Going by the materials on record, it is seen that the final order has been passed by the District Collector as borne by Ext. P4 dated 14/07/2010 whereby the vehicle has been ordered to be confiscated with liberty to the petitioner to have it redeemed on depositing a sum of Rs.2,80,000/- as the value of the vehicle fixed by the concerned R.TO. vide his report dated 30.04.2010 payable to the River Management Fund 2. Heard the learned Government Pleader as well. 3. Obviously on the date of passing Ext. P4, the provisions of the 'Sand Act' stood amended by virtue of the Ordinance No.20/2011 whereby, the jurisdiction got conferred upon the W.P.(C ) No. 10632 OF 2011 2 first respondent herein/Sub Divisional Magistrate; making the District Collector as the Revisional Authority. In other words, the District Collector was not having any original power to deal with the issue on the date of the impugned order. This being the position, the matter requires to be reconsidered in conformity with the relevant provisions of law . 4. Accordingly Ext. P4 is set aside and the matter is directed to be re-considered by the first respondent, in accordance with the relevant provisions of law. Final orders in this regard shall be passed, as expeditiously as possible, at any rate, within 'six' weeks from the date of receipt of a copy of the judgment. 5. Taking note of the submission made by the learned counsel for the petitioner that the petitioner is ready and willing to furnish the 'Bank Guarantee', there will be a direction to the first respondent to release the vehicle on furnishing 'Bank Guarantee' as above. Encashment of the 'Bank Guarantee' will be subject to the final orders to be passed by the first respondent and without prejudice to the rights and liberties of the petitioner to avail the statutory remedy. W.P.(C ) No. 10632 OF 2011 3 6. In view of the fact that the District Collector , who passed Ext. P4 is not a party to the above proceedings, it is ordered that the District Collector, Malappuram will stand impleaded 'suo motu' as the Additional third respondent and the learned Government Pleader entered appearance on behalf of the said respondent as well. The writ petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk