IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 16597 of 2009(S) -------------------------- PETITIONER(S): --------------- 1. ANILKUMAR, MEMBER WARD NO. 19, PONMANA GRAMA PANCHAYATH, MALAYIL HOUSE, CHAVARA P.O., KOLLAM. 2. S. AJAYAKUMAR, SECRETARY, MINERAL WORKERS UNION (JTUC), MOHANAVILASAM, PONMANA. BY ADV. SRI.A.N. RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENT(S): --------------- 1. UNION OF INDIA, MINISTRY OF MINES SASTRI BHAVAN, NEW DELHI, REP. BY SECRETARY, DEPARTMENT OF MINES, NEW DELHI. 2. THE SECRETARY, DEPARTMENT OF ENVIRONMENT AND FOREST, GOVERNMENT OF INDIA, NEW DELHI. 3. STATE OF KERALA, REP. BY SECRETARY TO GOVT. INDUSTRIES (A), DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 5. THE DISTRICT COLLECTOR, KOLLAM. 6. THE KERALA MINERALS AND METALS LTD., (KMML) CHAVARA, REPRESENTED BY ITS MANAGING DIRECTOR. 7. THE DEPUTY SUPT. OF POLICE , KARUNAGAPPALLY. ADV. SRI.P.J.PHILIP, C.G.C FOR R1 & 2 GOVT.PLEADER SRI.BENJAMIN PAUL. ADV.SRI.K.ANAND, S.C., KMML THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.16597 of 2009 ---------------------------------------------- Dated 14th July, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayers :- (ii) “To issue a writ of mandamus directing the 6th respondent to restore or rehabilitate the land in the area of mining of mineral sand in Ward No.19 of Ponmana Grama Panchayat by backfilling the land with the waste sand and implement Ext.P1 settlement. (iii) To issue a writ of prohibition restraining the 6th respondent from selling the waste sand collected in the mining operations and separation of minerals from mineral sand in Ward No.19 in Ponmana Grama Panchayat to outsiders instead of using the sand for rehabilitation restoration or reclamation of lands affected by mining operation. (iv) To issue a writ of mandamus directing the respondents to enforce section 23(c) of Mines and Minerals (Development and Regulation) Act 1957 and establishment of adequate check post of checking of minerals and sand under transit and the establishment of weigh bridges to measure the quantity of minerals transported and to regulate the minerals being transported from the area of operation.” We find that the petitioners have filed Ext.P2 representation and the same is pending before the 6th respondent. There will be a W.P.(C) No.16597 of 2009 2 direction to the 6th respondent to look into Ext.P2 with notice to the petitioners and take appropriate action thereon in accordance with law, if necessary, after ascertaining the views of the Government. This shall be done as expeditiously as possible, at any rate, within six months. As far as relief No.iv and other related issues are concerned, we make it clear that it will be open to the petitioners to approach the Government, in which case, the said grievance will be looked into by the Government with notice also to the petitioners and the 6th respondent. The writ petition is disposed of as above. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.16597 of 2009 ---------------------------------------------- J U D G M E N T Dated 14th July, 2009.