IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 27866 of 2010(G) -------------------------- PETITIONER(S): -------------------- R.V.BAVA, AGED 58 YEARS, S/O.BAPPUTTY HAJI, R.V.MANZIL, PONNANI. BY ADV. SRI.C.KHALID SRI.T.P.SAJID RESPONDENT(S): ------------------------ 1. DISTRICT COLLECTOR, MALAPPURAM-676505. 2. DEPUTY THAHSILDAR, PONNANI 679 577. GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 27866 OF 2010 (G) ===================== Dated this the 1st day of October, 2010 J U D G M E N T The challenge in the writ petition is against Ext.P4. Petitioner is the registered owner of vehicle bearing Regn.No.KL-9 K 4144. Proceedings were initiated against the vehicle on the allegation that it was used for unauthorised transportation of river sand. Accordingly, enquiry was conducted and Ext.P4 order dated 14/7/10 has been passed by the 1st respondent finding that the vehicle was used in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Accordingly, confiscation was ordered with liberty to the petitioner to redeem the same on payment of its value. It is this order, which is under challenge. 2. Evidently the order was passed only on 14/7/2010, which is after the Act was amended conferring power of adjudication on the Sub Divisional Magistrate. Therefore, Ext.P4 order is passed without jurisdiction and for that reason, the order has to be set aside. and I do so. 1st respondent is directed to transmit the proceedings to the Sub Divisional Magistrate, who WPC No. 27866/10 :2 : shall pass orders in accordance with law and with notice to the petitioner on the production of a copy of this judgment. 3. It is made clear that pending adjudication as above, it will be open to the petitioner to apply for interim custody of the vehicle, in which event, orders shall be passed in the light of 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 Kerala [2010(3)KHC 333]. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp