IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29942 of 2010(P)
1. ABDULLA.A.K, S/O.MUHAMMED HAJI,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) Nos.29942 & 29944 of 2010 (P)
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Dated, this the 29th day of September, 2010
J U D G M E N T
In these writ petitions challenge is against Exts.P1 final orders
passed by the District Collector in the purported exercise of powers
conferred under the provisions of the Kerala Protection of River
Banks and Regulation of Removal of Sand Act, 2001.
2. A reading of the orders show that these orders were
rendered on 31/07/2010 & 25/07/2010. Admittedly, before the
orders were passed, the Act was amended and the power has been
conferred on the Sub Divisional Magistrate. Therefore, when the
orders were passed, the District Collector did not have power to
pass such orders. In that view of the matter, Ext.P1 orders are
passed without jurisdiction and are liable to be quashed.
3. Therefore, these writ petitions are disposed of quashing
Exts.P1 orders and directing that the Sub Divisional Magistrate shall
reconsider the matter with notice to the petitioners, and pass fresh
orders in the matter .
WP(C) Nos.29942 & 29944/2010
-2-
If as stated by the petitioners, their vehicles are still under
detention, it will be open to the petitioners to make applications for
interim custody of the same, in which event, the applications will be
considered in the light of the provisions of the Act 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).
These writ petitions are disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg