IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38438 of 2010(D) -------------------------- PETITIONER(S): --------------- AFSAL.K.,S/O.MOITHU, AGED 24 YRS, KUNDANIYIL HOUSE, MOOCHIKKAL, VALANCHERRY P.O., MALAPPURAM DIST, (RC OWERN OF KL-08AC/6190) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM-676505 2. THE SUB-DIVISIONAL MAGISTRATE/RDO, O/O.RDO, THIRUR, MALAPPURAM DIST-676101 3. SUB INSPECTOROF POLICE, VALANCHERY POLICE STATION,VALANCHERY P.O.,MALAPPURAM DIST 676552 GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 38438 of 2010 D ``````````````````````````````````````````````````````` Dated this the 23rd day of December, 2010 J U D G M E N T Ext.P1 is an order passed by the District Collector in the purported exercise of his powers under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. This order was passed on 10- 08-2010. Admittedly, with effect from 14-06-2010, the Act was amended conferring the power on the second respondent. Therefore, Ext.P1 order is passed without jurisdiction and for that reason it is set aside. 2. It is directed that on the production of a copy of this judgment, the second respondent shall reconsider the matter with notice to the petitioner and pass orders in the matter. In the meantime, it will be open to the petitioner to seek interim custody of the vehicle, in which event, orders will be passed on the application to be made, applying the principles laid down by the Full Bench of this Court in Shan C.T. Vs. State W.P.(C) No.38438/10 : 2 : of Kerala [2010 (3) KHC 333]. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge