IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 30874 of 2011(S) -------------------------- PETITIONER: --------------- K.V.LAL,AGED 42 YEARS, S/O.K.N.VASUKUTTY,KALABHAVAN, EDAKKULAM PO,RANNY,PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: --------------- 1. STATE OF KEARLA,REPRESENTED BY ITS ADDL.CHIEF SECRETARY, DEPARTMENT OF REVENUE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN 695 001. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA,PIN 689 645. 3. THE DIRECTOR, CENTRE FOR EARTH SCIENCE STUDIES, (CESS),PB NO.7250,AKKULAM, THIRUVANANTHAPURAM 695 031. BY GOVERNMENT PLEADER SMT. K. MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30874 of 2011(S) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 COPY OF THE JUDGMENT DATED 22/2/2011 PASSED BY THIS HONOURABLE COURT IN WPC 37940/2010 EXHIBIT P2 COPY OF THE LETTER DATED 18/2/2011 ISSUED BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT EXHIBIT P2(A)ENGLISH TRANSLATION OF EXHIBIT P2 EXHIBIT P3 COPY OF THE LETTER DATED 6//5/2011 ISSUED BY THE PRINCIPAL OF THE MUSALIAR COLLEGE OF ENGINEERING & TECHNOLOGY, PATHANAMTHITTA. EXHIBIT P4 COPY OF THE LETTER DATED 24//5/2011 ISSUED BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT EXHIBIT P4(A) ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5 COPY OF THE REPLY DATED 9//6/2011 ISSUED BY THE PUBLIC INFORMATION OFFICER, COLLECTORATE, PATHANAMTHITTA EXHIBIT P5(A) ENGLISH TRANSLATION OF EXHIBIT P5 EXHIBIT P6 COPY OF THE REPLY DATED 18/10/2011 ISSUED BY THE PUBLIC INFORMATION OFFICER, COLLECTORATE, PATHANAMTHITTA EXHIBIT P7 COPY OF THE COMMUNICATION DATED 22/10/2011 ISSUED BY THE FIRST RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P7(A)ENGLISH TRANSLATION OF EXHIBIT P7 RESPONDENTS' EXHIBITS NIL TRUE COPY P.A TO JUDGE jma C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.P.(C) No. 30874 of 2011 ---------------------------------------------------- Dated this the 3rd day of December, 2011 J U D G M E N T C.N. Ramachandran Nair , J This writ petition is filed as a Public Interest Litigation alleging that the delay in sand Audit is to help the industries making sand by crushing stone and therefore appropriate direction should be issued by this Court for completion of sand audit and for removal of the sand. We have heard learned counsel for the petitioner and also the learned Government Pleader. 2. The Government Pleader submitted that sand audit is completed in respect of Manimala river and so far as Achankovil river and Pamba river are concerned, arrangements are being made for completion of sand Audit. 3. After hearing both sides we do not know whether a sand Audit at high cost is required for permitting removal of sand from river. This is because for several decades sand was mined from all the rivers in Kerala without causing any environmental problem. In fact, in our view mining should be permitted only in delta formations of sand, in rivers, when the water recedes. In other words, mining in water should not be permitted at all. In W.P.(C) No. 30874 of 2011 : 2 : any case, we do not think we should stand in the way of Government proceeding with the sand audit in accordance with Rule 30 of the Kerala Protection of River Bank and Regulation of Removal of Sand Rules, 2002. However,in the meanwhile, if any person or body seeks permission, we feel, even if audit is not completed, the Collector should permit mining of sand wherever it is conspicuously available through delta formation. There will be a direction to the District Collector, Pathanamthitta that in the event of sand audit not being completed; at least by end of February 2012, to identify sand formations in the river within the panchayat area in co-ordination with the Panchayat and authorise removal in accordance with the provisions of the Act and Rules. If Sand audit is completed in the end of February, 2012 the Collector will go by the audit report or otherwise he will permit mining till the completion of sand audit only of so much of sand conspicuously seen available through delta formations. Sd/- C.N. RAMACHANDRAN NAIR (Judge) Sd/- K. VINOD CHANDRAN (Judge) jma //true copy// P.A to Judge