RAJASEKHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner's vehicle, viz. KL-7 AA 3079 was proceeded for the alleged violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Ext.P1 is the order passed by the Sub Collector confiscating the vehicle under Section 27(3) of the Rules. The said order has been confirmed by the District Collector as per Ext.P4 order.

(2.) THE petitioner points out that both the orders cannot survive, in the light of the legal position declared by this Court in Raju v. Circle Inspector (2012 (2) KLT 350) wherein this Court has held that the Ordinance empowering jurisdiction on the Sub Collector, has lapsed on 13.7.2011 and that the orders passed thereafter are invalid in law. Ext.P1 is dated 20.7.2011 and Ext.P4 is dated 15.9.2011.

(3.) LEARNED counsel for the petitioner prayed that the vehicle may be directed to be produced before the Judicial First Class Magistrate's Court, Devikulam, having local jurisdiction in the matter.