IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26289 of 2011(I) -------------------------- PETITIONER(S): --------------- UNEES U.T, S/O ABOOBACKER, AGED 21 YEARS, UCHAKAVU THACHOLI HOUSE, CHERUVADY, KOZHIKKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE KODIYATHOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KODIYATHUR, KOZHIKKODE DISTRICT, PIN-673 602. 2. THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKKODE, PIN-673 301. 3. P.APPUKUTTAN, S/O UNNEENKUTTY, PALAPRA POYILIL HOUSE, VELLASASSERY, CHATHAMANGALAM, KOZHIKKODE DISTRICT. PIN-673 602. BY ADV.SRI.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26289 of 2011(I) APPENDIX PETITIONER(S) EXHIBITS EXT.P1TRUE COPY OF THE JUDGMENT DTD. 5-07-2011 IN W.P(C) NO. 3777/2010 OF THIS HON'BLE COURT. EXT.P2TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 5.09.2011 AS NO.10/8632/11/D1 EXT.P3TRUE COPY OF THE PETITION SUBMITTED BY THE FIRST RESPONDENT DTD.24-9-2011 TO THE DISTRICT COLLECTOR. KOZHIKKODE. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ P.R.RAMACHANDRA MENON, J. ---------------------------------------- W.P.(C) No.26289 of 2011 ------------------------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T The petitioner who is stated as residing on the banks of Chaliyar river has approached this Court with the following prayers :- “ i) Call for the entire records leading up to Exhibit P2 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions; ii) Issue a writ of mandamus or any other appropriate writs, orders of directions commanding the 2nd respondent to review Exhibit P2, by considering Exhibit P3 application submitted by the first respondent. iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” The case of the petitioner is that, 'illegal sand mining' being pursued by the parties concerned is causing much loss and adverse circumstances to the community at large. The said sand is being transported in different vehicles to different places making unlawful gains. In order to prevent any such 2 W.P.(C) No.26289 of 2011 dubious exercise, the 1st respondent Panchayat has taken a decision not to issue any pass/permit for transportation of sand in such vehicles, which have already got involved in committing any offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Aggrieved by the said decision, some of the vehicle owners had approached this Court by filing W.P.(C) No.3777 of 2010, which was disposed of on 5.7.2011, directing the concerned respondent (District Collector, Kozhikode) to consider the complaint preferred by the petitioner therein and to have a solution in the manner, as specified therein. It was on the basis of Ext.P1 judgment, that the said matter was considered by the 2nd respondent herein, who passed Ext.P2 order dated 5.9.2011, whereby the 1st respondent Panchayat was directed to grant necessary permit/pass to the above writ petitioner/owner of the vehicle bearing registration No.KL-08G/5630. The case of the petitioner herein is that, on coming across the said proceedings, the 1st respondent Panchayat had submitted Ext.P3 3 W.P.(C) No.26289 of 2011 representation before the District Collector stating that, Ext.P2 order was passed by the 2nd respondent without hearing the Panchayat and that the same required to be reconsidered. It is stated that, Ext.P3 representation is still pending consideration, which made the petitioner to approach this Court mainly seeking to quash Ext.P2 and to direct the 2nd respondent to review Ext.P2 by considering Ext.P3 application preferred by the 1st respondent. 2. Heard the learned Government Pleader as well. 3. On going through the pleadings and proceedings, it is obvious that the petitioner is in no way connected with the matter and was never a party to the proceedings, particularly, in Ext.P1 judgment ; nor had he filed any proceedings before the District Collector/ADM/Panchayat, as the case may be. It is also relevant to note that, the application sought to be considered and disposed of by the 2nd respondent, is the application preferred by the Panchayat. The petitioner has no power or authority to represent the Panchayat or to make any grievance on behalf 4 W.P.(C) No.26289 of 2011 of the Panchayat. What prompted the petitioner to approach this Court by filing this writ petition is not discernible from the materials on record. This Court does not want to express any opinion as to the motive of the petitioner in this regard ; but for observing that the petitioner should not have ventured into any such experimental litigation, which is nothing but an abuse of the process of court. 4. In the above facts and circumstances, this Court holds that the writ petition is devoid of any merits and the same is dismissed with a cost of Rs.5,000/- (Rupees five thousand only), which has to be paid to the Kerala High Court Legal Services Committee, within one month from today, failing which it will be open for the Registrar General to issue necessary certificate in favour of the beneficiary, for realisation of the said amount. 5. It is made clear that, this judgment will not stand in the way of the 1st respondent/Panchayat to challenge Ext.P2 and pursue Ext.P3, if the Panchayat is aggrieved in any 5 W.P.(C) No.26289 of 2011 manner. The Registry shall forward a copy of this judgment to the 1st respondent/Panchayat for information. P.R.RAMACHANDRA MENON, JUDGE ami/