IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 6521 of 2011(M) ------------------------- PETITIONER(S): ----------------------- UNNIKRISHNAN, S/O.BALAKRISHNAN, CHATHANASSERY, VARAVELLOOR, TRICHUR DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): ------------------------- 1. DISTRICT COLLECTOR, TRICHUR – 680 001. 2. TAHSILDAR, THALAPILLY – 680 058. 3. SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION – 680 121. ADDL.4. SUB DIVISIONAL MAGISTRATE, THRISSUR. 4TH RESPONDENT 'SUO MOTU' IMPLEADED AS PER JUDGMENT IN WP(C) No. 6521 OF 2011 DATED 3.3.2011. SR.GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt P.R.RAMACHANDRA MENON, J. ---------------------------------------- W.P.(C)No. 6521 OF 2011 -------------------------------------------------- Dated this the 3rd day of March, 2011 J U D G M E N T The petitioner is stated as aggrieved of Ext.P1 order passed by the 1st respondent under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 / Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002, in respect of seizure of the vehicle bearing No.KL-10E-8620 belonging to the petitioner for the alleged illegal transportation of river sand. 2. Heard the learned Government Pleader as well. 3. Going by the materials on record, this Court finds that Ext.P1 issued by the 1st respondent is dated 02.08.2010, on which day, the 1st respondent was not the competent authority to have the matter dealt with in view of the amendment of the statutory provision by virtue of Ordinance No.38/2010, brought into force with effect from 14.6.2010. In the said circumstances, this Court finds that Ext.P1 order, passed by the 1st respondent can no longer exist and the same is set aside accordingly. W.P.(C).No. 6521 OF 2011 2 4. The 1st respondent is directed to forward the records forming the subject matter of Ext.P1 to the Sub Divisional Magistrate, Thrissur, who shall consider the matter afresh and pass appropriate orders after giving an opportunity of hearing to the petitioner within 'six weeks' from the date of receipt of a copy of this judgment, also taking note of the observations made by the Full Bench of this Court in Shan.C.T v. State of Kerala & others 2010 (3) KHC 333. The Sub Divisional Magistrate, Thrissur is 'suo motu' impleaded in this writ petition as the additional 4th respondent and the learned Government Pleader has entered appearance on behalf of the additional 4th respondent as well. 5. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the additional 4th respondent for further steps. P.R.RAMACHANDRA MENON JUDGE dmb