IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 34105 of 2010(K) ------------------------------------ PETITIONER: ------------------- SREEJIMON, S/O.PURUSHOTHAMAN, SREENI BHAVANAM, NOORANADU P.O., MAVELIKKARA. BY ADVS. SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN – 688 001. 2. SUB INSPECTOR OF POLICE, MUHAMMA POLICE STATION, MUHAMMA, PIN – 688 549. 3. SUB DIVISIONAL MAGISTRATE, R.D.O.OFFICE, ALAPPUZHA, PIN – 688 011. 4. JOINT R.T.O, REGIONAL TRANSPORT OFFICE, CHERTHALA. R1 TO R4 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 34105 OF 2010 (K) ===================== Dated this the 11th day of November, 2010 J U D G M E N T The prayer sought in the writ petition is to quash Ext.P2 order passed by the District Collector on 6/7/2010 confiscating vehicle bearing Regn.No.KL-31/A 1173. 2. Admittedly, the Additional District Magistrate, who was in charge of the District Collector passed the order. Prior to 6/7/2010, w.e.f. 14/6/2010, the Act was amended conferring jurisdiction on the Sub Divisional Magistrate. Therefore when Ext.P2 order was passed, the District Collector had no power to pass such order. In that view, Ext.P2 order has to be held as one passed without jurisdiction and therefore is set aside. The Sub Divisional Magistrate concerned will reconsider the matter and pass fresh orders in the matter with notice to the parties. 3. It is made clear that, in the meanwhile, it will be open to the petitioner to apply for interim custody, in which event, the same will be considered in accordance with the provisions of the Act referred above and in the manner as directed by the Full Bench of this Court in the judgment in Shan C.T. v. State of WPC No. 34105/10 :2 : Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp