IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 678 of 2009(E) ---------------------------------- PETITIONERS : ---------------------- 1. OKKAL GRAMA PANCHAYATH, OKKAL P.O., PERUMBAVOOR 683 550, ERNAKULAM DISTRICT, REPRESENTED BY ITS PRESIDENT, SMT. KOCHUTHRESSIA TITUS, AGED 48 YEARS, W/O. K. TITUS. 2. MRS. KOCHU THRESSIA TITUS, AGED 48 YEARS, W/O. K.P. TITUS, PRESIDENT OKKAL GRAMA PANCHAYATH, OKKAL P.O., PERUMBAVOOR 683 550, ERNAKULAM DIST. 3. POLY THOMAS, KOONATHAN HOUSE, OKKAL P.O. , PERUMBAVOOR, ERNAKULAM DIST. 4. M.A. ANWAR, MUNDETH HOUSE, EDAVOOR, OKKAL, ERNAKULAM DIST. 5. K.P. PAILY, KORAKKAN HOUSE, ANTO PURAM, OKKAL P.O., ERNAKULAM DISTICT. 6. ELSY DEVASSIAKUTTY, KURIYATHU HOUSE, OKKAL P.O., ERNAKULAM DIST. 7. JOSE VARGHESE, MANICKATHANAM HOUSE, OKKAL P.O., ERNAKULAM DIST. 8. ANNIE GEORGE, THOTTAMKARA HOUSE, KOOVAPPADY P.O., PERUMBAVOOR, ERNAKULAM DIST. 9. NABEESA ABOOBACKER, PANICKERKUDY HOUSE, VALLOM, OKKAL P.O., ERNAKULAM DIST. 10. POLY KOCHILAN, KOCHILAN HOUSE, OKKAL P.O., ERNAKULAM DIST. BY ADV. SRI.NIREESH MATHEW WP(C).No. 678 of 2009 RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, LOCAL ADMINISTRATION GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTICT COLLECTOR, ERNAKULAM. 3. THE TAHSILDAR, KUNNATHUNADU TALUK, ERNAKULAM DIST. 4. THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, KAKKANAD, ERNAKULAM DIST. 5. THE SUB INSPECTOR OF POLICE, KALADY, ERNAKULAM DIST. 6. THE CIRCLE INSPECTOR OF POLICE, PERUMBVORR, ERNAKULAM DISTRICT. 7. THE DISTRICT SUPERINTENDENT OF POLICE (RURAL), ALUVA. 8. THE INSPECTOR GENERAL OF POLICE, ERNAKULAM. 9. THE DIRECTOR GENERAL OF POLICE (LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. *10. SRI. A. SHERAFUDEEN, SECRETARY, OKKAL GRAMA PANCHAYATH, OKKAL P.O., ERNAKULAM DISTRICT. BY SRI. P.N. SANTHOSH, GOVERNMENT PLEADER (* ADDITONAL R10 IS IMPLEADED AS PER ORDER DATED 6/02/2009 IN I.A. N0. 546/2009) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No.678 of 2009 ------------------------------------ Dated this the 18th day of March, 2009 JUDGMENT Challenge in this writ petition is basically against Exhibit P1, the decision taken by the District Expert Committee constituted under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 2. Taking into account transportation of river sand with forged pass, the committee has laid down a new procedure divesting the authority of the Panchayath to issue pass in this matter. It is seen from the proceedings that in respect of an allegation regarding the use of forged pass, a crime has already been registered at the Kalady Police Station as Crime No.1230/2008 and investigation is pending. 3. In view of the pendency of the crime and the seriousness of the matter involved, I direct the 7th respondent to supervise the investigation and ensure that the investigation is completed on an expeditious basis. It is further directed that depending upon the outcome of the investigation to be W.P.(C) No.678/2009 2 concluded, the second respondent shall place the matter before the District Level Expert Committee, which shall reconsider the matter and take a fresh appropriate decision. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm