IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 5817 of 2010(B) --------------------------------------- PETITIONER(S): ------------------------- 1. K.S.GIREESH, AGED 34 YEARS, S/O.SREEDHARAN, KANATHIL HOUSE, KONNATHADY.P.O., MUTHIRAPUZHA, IDUKKI DISTRICT. 2. JOSE JOSEPH, AGED 48 YEARS, S/O. JOSEPH, KOONAMPARA HOUSE, THADIYAMBAD.P.O.,IDUKKI DISTRICT. BY ADV. MR.JOBI JOSE KONDODY RESPONDENT(S): --------------------------- 1. THE CHAIRMAN, DISTRICT LEVEL EXPERT COMMITTEE CONSTITUTED UNDER ACT 18 OF 2001 (THE DISTRICT COLLECTOR) COLLECTORATE, KUIYILIMALA, PAINAVU, IDUKKI DISTRICT. 2. THE CONVENER, DISTRICT LEVEL EXPERT COMMITTEE CONSTITUTED UNDER ACT 18 OF 2001, COLLECTORATE, KUIYILIMALA, PAINAVU, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5817/2010 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENSE ISSUED TO THE 1ST PETITIONER. P2: COPY OF THE LICENSE ISSUED TO THE 2ND PETITIONER. P3: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO. 30390 OF 2009 DTD. 28/10/2009. P4: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO. 33652/2009 DTD. 16/10/2009. P5: COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DTD. 19/01/2010 WITH REGARD TO THE SAND MINING ACTIVITIES IN IDUKKI DISTRICT. P6: COPY OF THE GUIDELINES FOR SAND MINING ISSUED IN ERNAKULAM DISTRICT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5817 OF 2010 ------------------------------------------- Dated this the 5th day of April, 2010 JUDGMENT The issue relates to release of pass for sand mining from river beds. In terms of the statutory provisions, the matter is under the absolute control of the appropriate committees. After Ext.P3 judgment was issued by this Court, different orders were issued by the statutory authorities. Ultimately, through the counter affidavit, the respondents state that passes can be obtained from the appropriate Village Officer instead of the Tahsildar. Learned counsel for the petitioners states that this matter may be recorded and parties may be directed to act accordingly. This writ petition is hence ordered directing that if the petitioners move the appropriate Village Officer with requests for permits, such requests will be considered and acted upon in accordance with law in terms of what is stated above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.06/04.