IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2914 of 2011(L)
1. MANSOOR ALI N., S/O.KUNHUMOHAMMEDKUTTY,
... Petitioner
Vs
1. THE STATE OF KERALA REP.BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.RAJESH SIVARAMANKUTTY
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/01/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 2914 OF 2011
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Dated this the 28th day of January, 2011
J U D G M E N T
Ext.P3 order is under challenge. This order was passed by
the District Collector, Malappuram on 14/7/2010 in the purported
exercise of his powers under the Kerala Protection of River Banks
and Regulation of Removal of Sand Act, 2001. Admittedly, Act
was amended w.e.f. 14/6/2010, and with effect from that date,
the power to pass order in the nature of Ext.P3 has been
conferred on the Sub Divisional Magistrate. In that view, Ext.P3
has to be held as an order passed without jurisdiction and
therefore the order is liable to be set aside.
2. However fact remains that more than 6 months have
already elapsed since the passing of Ext.P3. In the meantime, if
further action has been taken based on Ext.P3 and the vehicle has
been auctioned, no useful purpose will be served by directing a re
adjudication in the matter.
3. Taking note of the above, I dispose of this writ petition
directing that, if as asserted by the learned counsel for the
petitioner, vehicle has not been auctioned so far, Ext.P3 will be
WPC No. 2914/11
:2 :
treated as set aside and Sub Divisional Magistrate concerned will
reconsider the matter with notice to the petitioner and pass
appropriate orders in the matter.
Petitioner shall produce a copy of this judgment along with
a copy of this writ petition before the 2nd respondent, who shall
take appropriate action as directed.
ANTONY DOMINIC, JUDGE
Rp