IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 29TH DAY OF NOVEMBER 2013/8TH AGRAHAYANA, 1935 WP(C).No. 2374 of 2010 (S) --------------------------- PETITIONER(S): ------------------- 1. N.C.THOMASKUTTY, AGED 74 YEARS, S/O.CHACKO, NEDUVALIL, KEEZHUKARA KOZHENCHERRY P.O 2. M.P.RAGHAVAN PILLAI, AGED 70 YEARS S/O.VELU PILLAI, VAZHUVELIL, KEEZHUKARA KOZHENCHERRY P.O 3. T.K.RAVEENDRAN NAIR AGED 50 YEARS, S/O.KUNJUKRISHNA PILLAI, THEKKETH KEEZHUKARA, KOZHENCHERRY P.O 4. LATHA CHERIAN AGED 42 YEARS, W/O.ABRAHAM PHILIP CHENATHARA PADINJARETHIL, KEEZHUKARA, KOZHENCHERRY PO 5. STELLA THOMAS AGED 35 YEARS, W/O.THOMAS ABRAHAM, NEDUVALIL KEEZHUKARA, KOZHENCHERRY PO BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, PATHANAMTHITTA 3. TAHSILDAR, MALLAPPALLY. 4. KOZHENCHERRY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KOZHENCHERRY. WPC.2374/10 ADDL.R5 TAHSILDAR, KOZHENCHERRY ADDL.R6 MALLAPPALLY GRAMA PANCHAYATH REP. BY ITS SECRETARY, MALLAPPALLY. ADDL.R5 & R6 IMPLEADED AS ADDITIONAL RESPONDENTS NOS.5 AND 6 VIDE ORDER DATED 30/3/2010 IN I.A.3826/10. R4 BY ADV. SRI.THOMAS ABRAHAM R4 BY ADV. SRI.DIPU.R R4 BY ADV. SMT.MERCIAMMA MATHEW R BY ADV. SRI.K.S.HARIDAS R4 BY ADV. SRI.V.RENJITH KUMAR R1 TO 3 BY SPECIAL GOVERNMENT PLEADER SMT.GIRIJA GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 2374/10 --------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------ EXT.P-1 TRUE COPY OF THE PETITION DT.29/10/09 FILED BY THE PETITIONERS AND OTHERS BEFORE THE 2ND RESPONDENT EXT.P-2 TRUE COPY OF THE PETITION DT.14/11/2009 SUBMITTED BY THE VICE PRESIDENT OF KERALA NATHEE SAMRAKSHANA SAMITHI, ALUVA EXT.P-3 TRUE COPY OF THE REPORT APPEARED IN HINDU DAILY DT.7/6/2009 EXT.P-4 TRUE COPY OF NOTIFICATION APPEARED IN MATHRUBHUMI DAILY DT.1/2/2010 //True copy// PS to Judge. uj. MANJULA CHELLUR, C.J & A.M.SHAFFIQUE, J. --------------------------------------------- W.P.(C) No.2374 of 2010 --------------------------------------------- Dated 29th November, 2013 JUDGMENT Manjula Chellur,C.J Petitioners, hailing from Ward No.1 of Kozhencherry Grama Panchayath have approached this Court seeking the following reliefs on the ground that Pampa river which is considered to be one of the sacred river of the State is being affected and is almost on the verge of dying condition on account of sand mining without any proper procedure which is being allowed by the respondent authorities, in spite of protest by the general public especially, the residence of the concerned Panchayath. i) To call for the records relating to Exts.P1 to P3 and to issue writ of mandamus directing the first respondent to constitute an effective machinery other than CESS to conduct WPC.2374/10 2 study regarding the condition of rivers especially that of Pampa river giving importance to the effects of sand mining and measures for preserving the Pampa river in its original form to maintain its tradition and also for keeping the river bed in ideal condition for conduct of convention, etc. as followed in several years; ii) To issue a writ of mandamus directing the respondents to issue orders banning river sand collection from Pampa river, flowing within the limits of Kozhencherry Panchayath, especially that of Ward No.1 of Kozhencherry Panchayath and to declare the same as a protected zone from river sand collection. 2. Counter affidavit filed on behalf of 2nd and additional 5th respondents clearly indicates that the District Level Expert Committee (D.L.E.C) had taken a decision not to permit sand extraction from kadavus in river Pampa flowing through the limits of Kozhencherry Grama Panchayath, realizing the fact that if sand mining is permitted it would adversely affect Maramon and Cherukolpuzha Conventions. Ext.P4 is a notice regarding auction of authorized kadavu for extraction of sand and it is not without any authority, is the stand of the 5th respondent. WPC.2374/10 3 According to the 5th respondent, the river Manimala is flowing through Mallappally Grama Pamchayath limits. Therefore, question of Pampa river flowing through Mallappally Grama Panchayath would not arise. In the above circumstances, from the decision taken by the committee concerned, not permitting within the above said Grama Panchayath to extract sand from kadavu, we find no good ground to keep this writ petition pending. Accordingly, this writ petition is disposed of. (MANJULA CHELLUR) CHIEF JUSTICE. (A.M.SHAFFIQUE) JUDGE. uj.