DINIL KUMAR Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) FACED with the proceedings issued under Act 18 of 2001, the petitioner has approached this Court by filing this Writ Petition. The vehicle involved is a mini lorry bearing registration No.KL-10E-3675. Exhibit P1 is the communication dated 29.2.2012 issued to the petitioner directing to remit an amount of Rs.1 lakh towards value of the vehicle, by the Sub Divisional Magistrate. Reference therein is about an order dated 23.9.2011 of the very same Officer. The petitioner has produced along with I.A.No.7490/2012, a copy of the said order as additional Exhibit P2. The vehicle was ordered to be confiscated as per Section 23A (3) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001( Ordinance of 20/2011 dt.17.3.2011).

(2.) THE learned counsel for the petitioner submitted that as the Ordinance has already elapsed by 13.7.2011, the Sub Divisional Magistrate had no jurisdiction to pass the orders impugned. Since the Ordinance elapsed, there is no jurisdiction for the 1st respondent after 13.7.2011 and hence the orders cannot survive and I hold so.