IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34782 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------- MOHAMMED SAKEER.K., S/O.MAHIN.K., SHAFEEK MANZIL, BEVINJA.P.O., THEKKIL FERRI. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SMT.R.LEELA. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY(REVENUE DEPARTMENT), GOVT.SECRETARIAT, THIRUVANANTHAPURAM.695 001. 2. THE DISTRICT COLLECTOR, KANNUR, CIVIL STATION, KANNUR. 670 001. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O. OFFICE, THALASSERY-670 101. R1 TO R3 BY GOVERNMENT PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 34782 of 2010 W ``````````````````````````````````````````````````````` Dated this the 19th day of November, 2010 J U D G M E N T Petitioner challenges Ext.P4 order passed by the District Collector on 13-09-2010 in the purported exercise of his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Mining Act, 2001. Evidently, with effect from 14-06-2010, the Act has been amended and the power is conferred only on the Sub Divisional Magistrate. Therefore, Ext.P4 order passed by the District Collector is without jurisdiction. Ext.P4 will stand set aside for that reason. The Sub Divisional Magistrate concerned will pass fresh orders in the matter with notice to the petitioner and in accordance with law. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge