ABDULLA A K Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) 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 . 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.