IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 35720 of 2003(B) -------------------------------------- PETITIONER: ----------------- M.K. PATHUMMA, MEMBER, WARD NO. 9, OORAKAM GRAMA PANCHAYAT, PARIYADATH HOUSE, KOTTUMALA, P.O. MATTATHOOR, VIA KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676 652. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.T.B.HOOD RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, MALAPPURAM. 2. OORAKAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OORAKAM, MALAPPURAM DISTRICT. 3. THE GEOLOGIST, MALAPPURAM DISTRICT. * ADDL. RESPONDENTS 4 TO 10 ARE IMPLEADED ADDL. R4. K.VIJAYAN, KODINJAN KOTTUMALA, P.O.MATTATHOOR, MALAPPURAM DISTRICT. ADDL. R5. KANIYATH ABDU, KANIYATH HOUSE, KOTTUMALA, P.O.MATTATHOOR, MALAPPURAM DISTRICT. ADDL. R6. VAIDYAR MOHAMMED, VAIDYAN HOUSE, KOTTUMALA, P.O.MATTATHOOR, MALAPPURAM DISTRICT. ADDL. R7. HARIDASAN, KULATHAIK HOUSE, P.O.MATTATHOOR, MALAPPURAM DISTRICT. ADDL. R8. MOHAMMED MELETHIL, MELETHIL HOUSE, P.O.MATTATHOOR, MALAPPURAM DISTRICT. W.P.(C).35720/2003-B ADDL. R9. HAMZA MANAKANCHERY,MANAKANCHERRY HOUSE, P.O.MATTATHOOR, MALAPPURAM DISTRICT. ADDL. R10.K.KARIM, KALATHINKAL HOUSE, P.O.MATTATHOOR, MALAPPURAM DISTRICT. *IMPLEADED AS ADDL. R4 TO R10, AS PER THE ORDER DATED 16/02/2004 IN I.A. NO.2050/2004. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J - R3 ADV. SRI.ESM.KABEER - R2 SRI.D.SREEKUMAR – ADDL. R4 TO 10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).35720/2003-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ROUGH SKETCH SHOWING THE LIE AND LOCATION OF PARAKKADAVU AND ERATTUKADAVU. EXT.P2: COPY OF THE RELEVANT PAGES (1) & (2) OF THE REPRESENTATION DATED 30/07/2002 MADE BY THE PETITIONER AND OTHER INHABITANTS IN WARD NO.9 OF THE 2ND RESPONDENT PANCHAYAT TO THE SECRETARY OF THE PANCHAYAT. EXT.P3: COPY OF ORDER DATED 05/04/2003 ISSUED BY THE 1ST RESPONDENT EXT.P4: COPY OF JUDGMENT IN O.P.13038 OF 2003 DATED 18/09/2003 BEFORE THEIS HON'BLE COURT. EXT.P5: COPY OF REPRESENTATION DATED 25/10/2003 MADE BY THE PETITIONER TO THE RESPONDENTS 1 TO 3 AND R.D.O. TIRUR. EXT.P6: COPY OF LETTER DATED 22/10/2003 BY THE SECRETARY OF PANCHAYAT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 35720 OF 2003 --------------------------------------- Dated this the 27th day of June, 2008. J U D G M E N T In the matter of alleged unauthorized sand mining, there is already an interim order dated 04.03.2004. In case the petitioner has still any grievance left, petitioner may approach the first respondent, in which case, appropriate action in accordance with law will be taken by the first respondent within another four months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 35720 OF 2003 J U D G M E N T 27.06.2008