IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 32990 of 2010(W) -------------------------- PETITIONER(S): -------------------- P.P.ABDUL SAMAD, S/O.MUHAMMAD, PUTHIYAPURAYIL HOUSE, PO NARATH, KANNUR DISTRICT. BY ADV. SRI.C.K.RAFEEK SRI.M.A.SHIHAB RESPONDENT(S): ----------------------- 1. DISTRICT COLLECTOR KANNUR PIN 68671321. 2. SUB INSPECTOR OF POLICE VALAPATTANAM POLICE STATION, KANNUR DISTRICT 670 010. 3. R.T.O KANNUR, 671 321 4. SUB DIVISIONAL MAGISTRATE, KANNUR 671 321. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 32990 OF 2010 (W) ===================== Dated this the 29th day of October, 2010 J U D G M E N T Ext.P2 final order passed by the District Collector on 20/9/2010 in the purported exercise of his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is under challenge. 2. Admittedly, prior to the passing of the order, Act was amended w.e.f. 14/6/2010 conferring jurisdiction on the Sub Divisional Magistrate. Therefore, an order in the nature of Ext.P2 could not have been passed by the District Collector on 20/9/2010. In that view, Ext.P2 is passed without jurisdiction. Therefore, Ext.P2 has to be set aside and I do so. The Sub Divisional Magistrate concerned will reconsider the matter and pass fresh orders in the matter. 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 WPC No. 32990/10 :2 : Bench of this Court in the judgment in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp