IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 29616 of 2010(B) ---------------------------------------- PETITIONER(S): ------------------------- AJITHKUMAR.A., AGED 31, S/O.M.K.ARAVINDAKSHAN PILLAI, AJI BHAVANAM, PALLIPPURAM P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.C.G.RAJ KUMAR RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, CHERTHALA. 3. THE DISTRICT GEOLOGIST, ALAPPUZHA. R1 TO R3 BY GOVERNMENT PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29616 of 2010 (B) --------------------------------- Dated, this the 27th day of September, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P11, an order passed by the District Collector in purported exercise of his powers under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. A reading of this order shows that Ext.P11 order has been passed on 31/08/2010, which is subsequent to the amendment to the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, and therefore, the case of the petitioner should have been dealt with by the Sub Divisional Magistrate, the Officer authorised under the amended Act. In that view of the matter, Ext.P11 order deserves to be set aside. 3. Therefore, the writ petition is disposed of quashing Ext.P11 order and directing that on the production of a copy of this judgment, the 1st respondent shall transmit the files to the authorised officer, who shall pass orders in the matter in WP(C) No.29616/2010 -2- accordance with law, with notice to the parties. 4. It is made clear that pending consideration of the matter as above, it will be open to the petitioner to apply for interim custody of the vehicle. If such an application is received, the same will be dealt with by the respondents in accordance with law and in terms of the Full Bench decision of this Court in Shan.C.T. v. State of Kerala and Others (2010 (3) KHC 333).) The petitioner shall produce a copy of this judgment before the 1st respondent for compliance This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg