IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17093 of 2009(F) --------------------------------------- PETITIONERS: --------------------- 1. SMT.ALEYAMMA PAULOSE,W/O.FR.PAULOSE, AGED 56 YEARS,CHITTAYATHU HOUSE,NELLIMATTOM.P.O, KOTHAMANGALAM. 2. FR.PAULOSE THOMAS,S/O.LATE.THOMAS, AGED 58 YEARS,CHITTAYATHU HOUSE,NELLIMATTOM.P.O, KOTHAMANGALAM, KOTHAMANGALAM TALUK,ERNAKULAM DIST. BY ADV. MR.JOHN JOSEPH (ROY). RESPONDENTS: ------------------------ 1. KAVALANGADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,GRAMA PANCHAYATH OFFICE,KAVALANGADU, NELLIMATTOM ,KOTHAMANGALAM. 2. SMT.REEBY BINOY,PRESIDENT,KAVALANGADU GRAMA PANCHAYATH,GRAMA PANCHAYATH OFFICE, KAVALANGADU. R1 BY ADV. MR. A.T.ANILKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 17093 OF 2009 ............................................ DATED THIS THE 25TH DAY OF JUNE, 2009 JUDGMENT There are 17 wards in the first respondent, panchayat. The petitioners reside in one ward. They say that the President of the panchayat is the member from that ward. 2. The first respondent panchayat has the right to draw river sand from 9 points in a river which flows through its territory. Learned counsel for the panchayat states that the modus operandi is to allot four passes, thereby granting four loads of sand per day, to each ward. It is stated that these passes are issued through the concerned ward member in favour of the applicants in the order of priority based on the date of application. If this is strictly done, there could be no room for any complaint. As of now, the petitioners state that no sand is being alloted in spite of their request and that there is mismanagement in the issue. Rivers cannot speak. Nor can the sand. But their sustained preservation and optimum use are necessary for congenial existence of the society. Dealings in sand cannot be a Wpc 17093 of 2009 2 fraudulent exercise aimed only at making money. 3. It is hereby directed that the application of the petitioners for allotment of sand will be considered by the Secretary of the first respondent in due order of seniority as noticed above and sand as may be found due to them shall be alloted. It is further directed that no pass shall be handed over to any person other than the actual user and it is only the user, who can collect the passes from the ward members and hand them over to the appropriate transporter for transportation of sand to the premises of the user. The Panchayat Secretary shall publish the ward-wise seniority list of the applicants as on the last working day of every month commencing from June, 2009. A copy of this judgment will be communicated to the Deputy Director of the panchayat having jurisdiction over the area, who shall ensure that the directions contained herein are scrupulously followed. It will also be ensured by the Deputy Director that any violation will be firmly dealt with; failure in doing so would be treated as failure of the Deputy Director to perform his duties and Wpc 17093 of 2009 3 functions. Writ petition ordered accordingly. Issue copy at the earliest. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/25/6