IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5822 of 2011(C) -------------------------------------- PETITIONER(S): ------------------------ DINESAN, S/O.SARADA, KALIYARAMABAN, MALOOR GRAMA PANCHAYATH, THOLAMPARA P.O., KANNUR DISTRICT. BY ADVS. SMT.CELINE JOSEPH, SRI.P.V.JOSE. RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, KANNUR DISTRICT - PIN - 670 001. 2. THE REVENUE DIVISIONAL OFFICER, THALASSERY - PIN - 670 021. 3. THE SUB INSPECTOR OF POLICE, MALOOR POLICE STATION, KANNUR DISTRICT - 670 001. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.5822 OF 2011 -------------------------------- Dated this the 24th day of February 2011 JUDGMENT Petitioner is challenging Ext.P1 order passed by the first respondent (stated as passed on 24-07-2010) under the relevant provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 read with the relevant Rules. 2. The case of the petitioner is that the first respondent does not have any jurisdiction to pass such an order, on that date, in view of the amendment brought about to the statute with effect from 14-06-2010. 3. The learned counsel for the petitioner submits that by virtue of the course pursued by the first respondent, the petitioner has been virtually prevented from availing the statutory remedy by way of Revision and Appeal before the District Collector and before the District Court respectively. This made the petitioner to approach this Court by filing this Writ Petition. 4. Heard the learned Govt. Pleader as well. 5. Going by the material on record, it is seen that Ext.P1 order has been passed on 24-07-2010, on which day the W.P.(C) No. 5822/2011 - 2 - amendment had already come into effect by virtue of the Ordinance No.38/2010. As such, the matter ought to have been considered by the concerned authority (second respondent) and not by the first respondent. In the said circumstances, Ext.P1 is set aside and the matter is ordered to be considered by the second respondent, who shall pass appropriate orders in accordance with law, including on the claim for interim custody, if any, taking note of the observations made by the Full Bench of this Court in “Shan C.T. V State of Kerala and Others” (2010 (3) KHC 333), as expeditiously as possible; at any rate within 'one month' from the date of receipt of a copy of this judgment. 6. Petitioner shall produce a copy of this judgment and a copy of the Writ Petition before the second respondent for further steps. Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE vdv