ABHILASH Vs. DISTRICT COLLECTOR AND ORS

JUDGEMENT

(1.) The proceedings issued by the District Collector under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is under challenge here. Ext.P1 is the said final order.

(2.) Heard the learned Counsel for the Petitioner and the learned Government Pleader. It is pointed out by the learned Counsel for the Petitioner that after the amendment of the Act, the competent authority is the Revenue Divisional Officer and that the District Collector were not right in passing the order. In the light of the lack of jurisdiction pointed out, Ext.P1 cannot survive. The Petitioner is relying upon Ext.P2 judgment of this Court in W.P.(C). No. 25106/2010. The learned Government Pleader also submitted that after the amendment, the Revenue Divisional Officer is the competent authority. In that view of the matter, Ext.P1 is quashed. There will be a direction to the competent authority to pass an order within two months from the date of receipt of a copy of this judgment.

(3.) It is open to the Petitioner to approach the authority concerned by way of an application seeking interim custody of the vehicle and if at all the application is filed, the same will be considered and orders will be passed in terms of the Full Bench decision of this Court in Shan C.T. v. State of Kerala and others,2010 3 KHC 333within two weeks from the date of receipt of the application. The writ petition is disposed of as above. No costs.