IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38279 of 2010(H) ------------------------- PETITIONER: ------------------- M. ABOOBACKER, S/O. AHAMMED HAJEE, R/AT STAR NAGER, BEVINJA, P.O. THEKKILFERRY, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPT. OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. DISTRICT COLLECTOR, KANNUR – 670 001. R1 & R2 BY GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. ------------------------- W.P (C) No.38279 of 2010 -------------------------- Dated this the 22nd December, 2010 J U D G M E N T Petitioner challenges Ext.P11 order passed by the District Collector exercising his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. This order is dated 13.9.2010. It is the admitted position that, with effect from 14.6.2010, the Act was amended and the power was conferred on the Sub Divisional Magistrate. 2. Therefore, Ext.P11 order issued by the 1st respondent is without jurisdiction and for that reason, the order is set aside. It is directed that on production of a copy of this judgment, along with a copy of the writ petition, the Sub Divisional Magistrate will consider the matter afresh with notice to the petitioner and pass orders in the matter. In the meanwhile, it will be open to the petitioner to make an application before the Sub Divisional Magistrate for interim custody of the vehicle, if the vehicle is under detention. If such an application is filed, orders thereon will be passed applying the principles W.P (C) No.38279 of 2010 2 laid own by the Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] . Writ petition is disposed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge