IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 25106 of 2010(K) -------------------------- PETITIONER(S): --------------- RASHEED, S/O.HAMMED KUNJU, ARESSERICHIRA, THRICHATTUKULAM P.O. CHERTHALA, ALAPPUZHA. BY ADV. SRI.ABDUL JALEEL.A RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. ADDITIONAL DISTRICT MAGISTRATE, ALAPPUZHA-1. 3. SUB INSPECTOR OF POLICE, POOCHAKAL POLICE STATION, CHERTHALA, PIN - 688 526. 4. DEPARTMENT OF MINING AND GEOLOGY ALAPPUZHA, REPRESENTED BY ITS DISTRICT GEOLOGIST. MR.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25106 of 2010 (K) --------------------------------- Dated, this the 31st day of August, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P1, a final order passed by the 2nd respondent exercising the powers of the District Collector under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. Evidently, Ext.P1 order has been passed subsequent to the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 was amended by Ordinance 31 of 2010 and therefore, the case of the petitioner should have been dealt with by the Sub Divisional Magistrate, the Officer authorised under Section 23(a) of the amended Act. In that view of the matter, Ext.P1 deserves to be set aside. Therefore without expressing anything on the merits of the contentions of both sides, Ext.P1 is set aside. Learned counsel for the petitioner seeks a direction to the respondents to give interim custody of the vehicle. Insofar as this prayer of the petitioner is concerned, it is directed that if the WP(C) No.25106/2010 -2- petitioner makes a request, that will be dealt with in accordance with law and in terms of the Full Bench decision of this Court in Shan.C.T. v. State of Kerala and Others (2010 (3) KHC 333). This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg