MUHAMMAD HANEEFA ALIAS KHANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in the writ petition is against Ext.P1 order passed by the District Collector on 9/9/10 in purported exercise of his powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

(2.) Admittedly, prior to the passing of the order, Act was amended w.e.f. 14/6/2010 conferring jurisdiction on the Sub Divisional Magistrate. Therefore, an order in the nature of Ext.P1 could not have been passed by the District Collector. In that view, Ext.P1 is passed without jurisdiction. Therefore, Ext.P1 has to be set aside and I do so. The Sub Divisional Magistrate concerned will reconsider the matter and pass fresh orders in the matter.

(3.) It is made clear that in the meanwhile, it will be open to the petitioner to apply for interim custody, in which event, the same will be considered in accordance with the provisions of the Act referred above and in the manner as directed by the Full Bench of this Court in the judgment in Shan C.T. v. State of Kerala [2010(3)KHC 333]. Writ petition is disposed of as above.