IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 40069 of 2003(T) -------------------------- PETITIONER(S): --------------- 1. MOHAMMED, S/O. BAPPU @ MOIDEENKUTTY, PATTANMAR VALAPPIL, THAVANOOR AMSOM, DESOM, PONNANI TALUK, MALAPPURAM. 2. P.P.HAMEED, S/O. MOIDEEN, PUTHUPARAMBIL HOUSE, THAVANOOR P.O. 3. P.V.KHADER, S/O. UNNIEERU, PARAPPUR VALAPPIL HOUSE, THAVANNOOR P.O. BY ADV. SRI.P.VIJAYA BHANU SRI.BIJU ZACHARIA. M RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE (P) DEPARTMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 3. THE TAHSILDAR, PONNANI 4. THE SECRETARY, THAVANOOR GRAMA PANCHAYAT, THAVANOOR. 5. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. 6. THE CIRCLE INSPECTOR OF POLICE, WALANCHERRY. 7. THE SUB INSPECTOR OF POLICE, KUTTUPPURAM. ADV. SRI.K.P.DANDAPANI (SR.) FOR R4 GOVERNMENT PLEADER SHRI.MOHAMED ANZAR FOR R2 SRI.C.A.MAJEED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON 21/01/2009 DELIVERED THE FOLLOWING: W.P.(C).No. 40069/03. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER IN O.P.No. 16272/00 OF THIS COURT DTD.26.3.01. P2. COPY OF THE REPRESENTATIONS DTD.19.1.2003. P3. COPY OF THE LETTER DTD.22.12.03 OF RDO. P4. COPY OF THE PHOTOGRAPHS. P5. COPY OF THE NEWS ITEM DTD.13.1.2004. P6. COPY OF THE LETTER DTD.24.11.05 OF DIST. COLLECTOR. P7. COPY OF THE LETTER DTD.28.11.05 OF DIST. COLLECTOR. RESPONDENT(S)' EXHIBITS: ANNEXURE 1. COPY OF THE LETTER BY THE SECRETARY, THAVANOOR GRAMA PANCHAYAT. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.40069 of 2003 ================== Dated this the 21st day of January, 2009 J U D G M E N T The petitioners have approached this Court alleging illegal sand mining being conducted in unauthorised 'kadavus' in Thavanur Grama Panchayat. After hearing the parties on 23.11.2006 I passed the following interim order: “On 19.12.2003 this Court directed the District Collector, Malappuram to conduct an enquiry and file a report regarding the allegations of illegal sand mining being conducted in unauthorised 'Kadavus' in Thavanur Grama Panchayat, which is the subject matter of this Writ Petition. Later on a statement is seen filed on behalf of the second respondent by the Deputy Collector (Elections), Collectorate, Malappuram in which it is stated that there is no illegal sand mining and transportation being done in the Kadavus in question. However, along with the reply affidavit filed by the petitioner, Exhibit P6 letter dated 24.11.2005 issued by the District Collector, Malappuram to the Secretary, Thavanur Grama Panchayat has been produced, wherein it is stated that the District Collector had in fact detected operation of unauthorised Kadavus in the area. Therefore, the Collector directed the Secretary of the Panchayat to implement certain precautions for illegal sand mining by putting up walls and pillars in the Kadavus in question. But there is no material on record to show that the directions of the Collector has been complied with. Exhibit P4 series photographs produced by the petitioners also do not show any such erection of pillars or putting up of walls in the Kadavus in question. 2. In the circumstances, I direct the District Collector, Malappuram, to enquire himself into the matter and file a report as to whether there is any unauthorised sand mining in the Kadavus in question and as to whether the directions issued by him in his letter dated 24.11.2005 produced as Exhibit P6 along with the reply affidavit have been complied with. This shall be done within three weeks from today. 3. I make it clear that the report shall be on the basis of the personal satisfaction by the District Collector of the contents of the statement and it shall not be by Deputy Collectors as has been done earlier. 4. Issue copy of this order to the Government Pleader for ensuring compliance of this order by the District Collector.” w.p.c.40069/03 2 2. Pursuant to the said order, the Collector has submitted the following report on 26.2.2007. “1. This Honourable Court as per the order dated 23.11.2006 in W.P.(C).No. 40069/2003 directed the District Collector, Malappuram to enquire himself into the matter and file a report as to whether there is any unauthorised sand mining in the Kadavu in question and as to whether the direction issued by him in his letter dated 24.11.2005 produced as Exhibit P6 along with the reply affidavit have been complied with. The time limit fixed for filing report was three weeks from 23.11.2006. Subsequently application seeking extension of time was filed on 12.12.2006. 2. Pursuant to the directions of this Honourbale Court, I have visited various kadavus of Thavanoor Grama Panchayath and the site inspection reveals as follows: 1. Moolapadi Kadavu 2. Alippadi Kadavu 3. Mattom Kadavu 4. Palathunambram Kadavu 5. Sulthan Padi Kadavu 6. Moochi Kadavu 7. Variyath Nambran Kadavu 8. Padinhattumuri Kadavu 9. Kooriyil Kadavu 10. Thrikanapuram 11. Thangal Padi Kadavu 12. Kadavu near Brahma Temple. a) Moolapadi Kadavu & Alippadi Kadavu are nearby kadavus with a common entrance. Locally known name of the kadavu is Thavanoor Kadavu (ie. the Kadavu in question). Concrete Pillars erected by the Panchayat authorities is seen demolished to aid entry of the vehicle to the river bed. Width of the river at this place is about 1½ K.M. and during summer season sand removal operation are carried out from the middle of the river bed. Strict directions (sic) has been given to w.p.c.40069/03 3 Panchayath to curb the situation. b) Mattom Kadavu, Palattunbaram Kadavu & Sulthan Padi Kadavu: These three kadavus situated adjacent with a common entrance. Well known name of the kadavu is Nadet kadavu. Concrete pillars with iron cross bar are seen erected at the river bank. Tracks formed due to entry of vehicle is visible in the river bed. Panchayat has been asked to take strict vigil. C) Variyath Nambram Kadavu, Padinhattumuri Kadavu and Kooriyal Kadavu: These three have a common entrance and locally known as Vellancherikadavu. Concrete pillars with iron cross bar are seen erected at the kadavu. Distance between two pillars provides access to vehicle. d) Thrikkanapuram Kadavu and Thangal Padi Kadavu: Kadavus with a common entrance and locally known as Keltron kadavu, Iron Pillars with cross bar is seen erected at the kadavu. Considerable distance between two pillars provides access to vehicle. e) Kadavu near Brahma Temple has been closed by erecting concrete pillars to prevent unauthorised sand mining. The Panchayath Secretary has reported that the pillars have been constructed and remedial measures taken at a cost of Rs.1,24,738. “3. On inspection of these sites, it is noted that the direction issued from this respondent's office (Exhibit P6) is seen implemented partially. So strict directions and warnings have been issued to the Panchayath authorities (president and Secretary) orally and otherwise to comply with Exhibit P6 directions and also warned them that if the same is not complied within a short period a complete ban on sand mining will be imposed so that the direction of the Honourable High Court would be complied with. It is also submitted that the Panchayath President concerned have been categorically told that legal action will be initiated against the Panchayat which refuse to implement the direction in this regard, so as to prevent illegal and unauthorised sand mining endangering the ecological balance of the rivers and river beds. 4. It is also submitted that it has been made very clear to the Panchayath Presidents, that those Panchayaths violating the clear directions of the Land Revenue Commissioner and Principal Secretary to Government, Revenue Department in this regard will be brought to the notice of the Government for total ban/closure of such kadavu. It is also submitted that considerable progress have been achieved in curbing illegal and mining after the special squad under the supervision of Revenue Divisional Officers have started functioning.” 3. The petitioners have not chosen to place on record any further instances regarding unauthorised sand mining by filing any w.p.c.40069/03 4 pleadings in that regard. In the above circumstances, recording the report submitted by the 2nd respondent-District Collector as above, this writ petition is closed with a direction to the District Collector to take all earnest efforts to see that illegal sand mining in the 12 kadavus mentioned in his report is effectively curbed and leaving open the right of the petitioners to approach this Court again if any violations are detected. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge