IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 4371 of 2008(U) --------------------------------- PETITIONERS: ----------------- 1. M.K. MUHAMMEDALI, AGED 42, S/O.MUHAMED, MADAMBIKATTIL HOUSE, MANNURR, KALADY, MALAPPURAM. 2. MUHAMED SALIM, AGED 34, S/O.KUNJUMOHAMMED MOULAVI, CHOOLIPURATH HOUSE, MANNUR, KALADY, MALAPPURAM. 3. T.ABDUL NAZAR, AGED 34, S/O.MUMMY, THAZHATHETHIL, VELLANJERI, THRIKANAPURAM, MALAPPURAM. 4. T.ABOOBACKER, AGED 48, S/O.MUMMY, THAZHATHETHIL, VELLANJERI, THRIKANAPURAM, MALAPPURAM. 5. C.P.ABDULLA, AGED 45, S/O.C.P.MUHAMMED HAJI, CHAKKALIPARAMBIL, KADAKASSERY, AYANKALAM, MALAPPURAM. 6. P.FAIZAL, AGED 22, S/O.ABDUL KHADER, PALATHINKAL HOUSE, THRIKANAPURAM, MALAPPURAM. 7. P.PRADEEPKUMAR, AGED 40, S/O.MADHAVAN NAIR, VARIATH VALAPIL, VELLANJERI, THRIKANAPURAM, MALAPPURAM. 8. V.BABURAJ, AGED 36, S/O.SANKARAN, VARIKOTTIL HOUSE, VARIATH VALAPPIL, VALLANJERI, THRIKANAPURAM, MALAPPURAM. WP(C).No. 4371/2008 ...2... 9. T.V.PADMANABHAN, AGED 40, S/O.BALAKRISHNAN NAIR, KRISHNA NIVAS, ATHALLUR, MALAPPURAM. 10. C.HAMZA, AGED 53, S/O.MUHAMEDALI, CHERIATH HOUSE, ATHALLUR, MALAPPURAM. 11. P.MOHAMED, AGED 42, S/O.ALI, PADIYATH HOUSE, ATHALLUR, MALAPPURAM. 12. P.A.MOIDEENKUTTY, AGED 78, PARUVINKAL HOUSE, ALANKOT, MALAPURAM. 13. P.A.LATHIEF, AGED 34, S/O.MOIDEENKUTTY, PARUVINKAL HOUSE, ALANKOT, MALAPPURAM. 14. C.P.KUTTY, AGED 55, S/O.SAIDALI, CHAKKALIPARAMBIL HOUSE, THIRUNAVAYA, MALAPPURAM. 15. N.V.YAHOO, AGED 52, S/O.SIYAMU, NAMPIYARATH VALAPPIL HOUSE, THAVANNUR, MALAPPURAM. 16. ABDUL SALAM, AGED 38, S/O.ALIKUTTY, PUTHUPARAMBIL HOUSE, THAVANNUR, MALAPPURAM. BY ADV. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY RESPONDENTS: ------------------ 1. THE THAVANNUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THAVANNUR, KUTTIPURAM, MALAPPURAM. 2. THE PRESIDENT, THAVANNUR GRAMA PANCHAYATH AND CHAIRMAN OF THE KADAVU COMMITTEE, THAVANNUR, KUTTIPURAM, MALAPPURAM. 3. THE DISTRICT EXPERT COMMITTEE UNDER THE KERALA PROTECTION OF RIVER BANKS AND REGULATIONS OF REMOVAL OF SANDS ACT, REPRESENTED BY ITS CHAIRMAN AND THE DISTRICT COLLECTOR, MALAPPURAM. WP(C).No. 4371/2008 ...3... 4. THE DISTRICT COLLECTOR, MALAPPURAM. 5. THE TAHSILDAR, TALUK OFFICE, PONNANI, MALAPPURAM. 6. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 7. THE DISTRICT COLLECTOR, THRISSUR. 8. THE SUPERINTENDENT OF POLICE, THRISSUR. BY SR. GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.4371 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2008 JUDGMENT In this writ petition, petitioners who are lorry owners engaged in transportation of river sand from Kadavus at Bharathapuzha situated within the area of the first respondent Panchayat challenges Ext.P3 circular of the District Collector, Malappuram to the extent the same completely bans transportation of river sand to Thrissur District. When this writ petition came up for admission, learned Government Pleader took notice on behalf of respondents 3 to 8. 2. I have heard the submissions of Sri.Augustine Joseph, learned counsel for the petitioner and those of the learned Government Pleader. My attention was drawn by Mr.Augustine Joseph to the judgment of this court in W.P.(C)No.29125/07. Under that judgment I relied on the judgment in Bijoe Emmanuel and others v. State of Kerala ( 1986 KLT 1037) and upheld the arguments that the District Collector as the Chairman of the District Expert Committee under the Kerala WPC.No.4371/08 2 Protection of River Banks and Regulations of Removal of River Sand Act 2001 is not competent to completely ban transportation of river sand through a circular issued under Section 9(C) of the Act. Even while holding so, I noticed that the object behind introducing such a restriction is laudable. In fact, during the hearing of W.P.(C)No.29125/07, it was submitted before me by the learned Government Pleader that it is likely that the Government will come out with a new circular/order/Rule regulating the transportation of river sand in the State. In the light of that submission, which is recorded in the judgment in W.P.(C)No.29125/07, I directed the learned Government Pleader to seek instructions as to whether any fresh circular or order has been issued by the Government and the Government Pleader has reported that till this date no fresh order, Rule or circular has been issued for regulating the transportation of river sand all over State. Under these circumstances, it is only just that I dispose of this writ petition also in terms of the judgment in W.P.(C)No.29125/07. I quash clause 11 of Ext.P3 circular. However it is made clear that quashment of clause 11 of Ext.P3 will be operative only for a period of four months from today. It WPC.No.4371/08 3 will be open to the District Collector or the Government to issue fresh circular/order/Rule regulating the transportation of river sand from district to district. Petitioners can approach the District Collector or the committee ( District Level Expert Committee) seeking redressal of the grievance presently voiced by him which appears to have an element of genuineness in it. The grievance voiced by the petitioners through their counsel is that the situation which presently obtains is that, passes are being issued only to the petitioners in W.P.(C)No.29125/07. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.4371/08 4