IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36732 of 2010(N)
1. RAJKUMAR, AGED 36 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE TAHSILDAR, OTTAPPALAM-679101.
3. THE VILLAGE OFFICER, SHORNUR-679121.
For Petitioner :SRI.JOY GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/12/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 36732 of 2010 N
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Dated this the 9th day of December, 2010
J U D G M E N T
Challenge in the writ petition is against Ext.P9
order dated 24-11-2010 passed by the District Collector in the
purported exercise of his power under the Kerala Protection of
River Banks and Regulation of Removal of Sand Act, 2001.
Admittedly, the Act in question was amended with effect from
14-06-2010 conferring power on the Sub Divisional Magistrate
and, therefore, Ext.P9 order passed subsequent to the
amendment is without jurisdiction.
Therefore, Ext.P9 is quashed and the writ petition is
disposed of, directing that the SDM concerned shall pass
fresh orders in the matter with notice to the petitioner on the
production of a copy of this judgment.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge