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Suneesh K

High Court Of Kerala|26 June, 2014
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JUDGMENT / ORDER

Petitioner challenges Ext.P4 an order passed by the District Collector exercising power of the original authority under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2008. This order is passed pursuant to an order issued by this Court in W.P.(C) No.30377/2013. There is no dispute about the fact that original authority is the Sub-Divisional Magistrate. The District Collector is only the Revisional Authority. Under such circumstances the matter has to be dealt with by the Sub-Divisional Magistrate, who is the competent authority for the release of the vehicle and for the adjudication of the proceedings. In the said circumstances, this writ petition is disposed of as under:
i) Ext.P4 is quashed.
ii) The 2nd respondent herein is directed to consider Ext.P5 and pass appropriate orders in the matter with reference to the directions issued as per judgment dated 23.1.2014 om W.P.(C) NO.30377/2013.
jm/ Sd/ A.M.SHAFFIQUE, JUDGE
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Title

Suneesh K

Court

High Court Of Kerala

JudgmentDate
26 June, 2014
Judges
  • A M Shaffique
Advocates
  • Sri Shoby K Francis