IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 19809 of 2009(S) -------------------------- PETITIONERS: --------------- 1. V.S.SREEKANTAN NAIR, S/O.K.P.SANKARA PILLAI, VALIYATHU PUTHEN VEEDU, AYITHOTTUVA, WEST KALLADA P.O., KOLLAM DISTRICT. 2. ODANAVATTAM VIJAYAPRAKASH, SANTHAVILASAM, ODANAVATTAM P.O., KOLLAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. 4. SENIOR GEOLOGIST, MINING & GEOLOGY, KOLLAM. 5. THE KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, KOLLAM R1 TO R4 BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL. R5 BY ADV. SRI.M.K. CHANDRAMOHAN DAS, SC, PCB ADV. SMT.K.K.THULASY BHAI,SC,PCB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. -------------------------------------------------------- W.P.(C) No.19809 of 2009 -------------------------------------------------------- Dated this the 8th day of October, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed seeking prevention of unauthorised and illegal sand mining and alleged indiscriminate removal of mud and clay from the West Kallada Grama Panchayat area which is surrounded by backwaters and wet lands. 2. Considering the seriousness of the problem and especially the effect on the eco system because of indiscriminate sand mining, we had issued notices to the respondents, including the Superintendent of Police and the District Collector, Kollam as there is serious allegations against their inaction pursuant to Ext.P1 decision taken in an all party meeting said to have been held on 29.7.2008. 3. In pursuance of the notice, on behalf of the District Collector, Kollam, a counter affidavit is filed intimating the Court W.P. (C) No.19809 of 2009. - 2 - the steps taken by the authorities. It is stated that strict action is being taken by the authorities from the year 2008 itself and 151 lorries have been seized and a fine of Rs.15,90,380/- has been collected. This year, i.e. 2009, 55 vehicles have been seized already and a fine of Rs.4.73 lakhs has been collected. In the internal meeting held by the District Collector, it was reported that 40 lorries and 3 pump sets used for illegal sand mining have been seized and it is assured that every step is being taken and that the Revenue Divisional Officer, Kollam and the Tahsildar, Kunnathoor have been separately conducting raids and also taking actions. Reiterating these statements, the Superintendent of Police, Kollam has also filed his counter affidavit reporting the action taken by the police. It is also submitted that as per the provisions of the Kerala Anti Social Activities Prevention Act, 2007 the alleged mafia leaders engaged in illegal sand mining nearly five people, have been booked under the said Act and further action is also initiated. An additional affidavit is also W.P. (C) No.19809 of 2009. - 3 - filed on behalf of the second respondent District Collector in which it is stated that a special team under the leadership of Additional Sub Inspector of Police, Sasthamcotta is constituted to conduct raids continuously. Raids are being conducted between 6 a.m. to 10 a.m. and 8 p.m. to 11 p.m. regularly. It is also informed that after filing the first affidavit by the second respondent again 14 cases have been registered in Sasthamcotta Police Station limit alone and ten lorries and one motor have been seized. Penal action against the land owners who are allowing to conduct unauthorised and illegal sand mining as per the Kerala Minor Mineral Concession Rules is also undertaken. It is further submitted that in order to ensure strict vigilance, a monitoring committee under the Chairmanship of the M.L.A. of Kunnathoor and the Tahsildar, Kunanthoor as the Convenor has been formed and appropriate directions have been issued. 4. After going through these affidavits and after hearing the learned counsel for the writ petitioner, we are W.P. (C) No.19809 of 2009. - 4 - satisfied at this stage that appropriate actions are being taken by the authorities and hence there is no necessity to keep the writ petition pending. Hence the writ petition is disposed of directing the authorities to continue with their vigilant action against the illegal sand mining in the light of the affidavits filed and Ext.P1 decision taken in an all party meeting held on 29.7.2008. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.