IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 30897 of 2005(C) -------------------------- PETITIONERS: ------------ 1. GOPINATHA PILLA, AGED 60, S/O. NARAYANA PILLA, VALIYATHOTTATHIL, KOTTANGAL, PATHANAMTHITTA. 2. P.P. GOPINATHA PILLA, KEEZHOOR VEEDU, MELUKARA, KOZHENCHERRY. 3. K.G. RAVEENDRAN NAIR, S/O. K.S. GOPALAN NAIR, MANKAL, MELUKARA, KOZHENCHERRY. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT EXPERT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR, PATHANAMTHITTA. 3. DISTRICT COLLECTOR, PATHANAMTHITTA. 4. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 5. TAHSILDAR, KOZHENCHERRY. W.P.(C) NO.30897/2005 2 6. KOZHENCHERRY PANCHAYAT, REPRESENTED BY ITS SECRETARY, KOZHENCHERRY. ADDL.R7: M.A.JOSEPH, S/O.LATE T.T.ANTONY, AGED 49 YEARS, RESIDING AT MARUTHUR KADAVIL PANNIVELICHIRA, THEKKEMALA. P.O., KOZHENCHERRY. (ADDL.R7 IMPLEADED AS PER I.A.NO.16643/2006) BY ADV. DR.K.P.SATHEESAN FOR R6 SRI.K.K.GOPINATHAN NAIR FOR R6 SRI.K.K.RAJEEV FOR R6 SRI.T.K.KAMALJITH FOR R6 SRI.ARUN.B.VARGHESE FOR ADDL.R GOVERNMENT PLEADER, SRI.BENJAMIN PAUL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------- W.P.(C) No.30897 OF 2005 ------------------------------------ Dated this the 23rd day of June, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners challenged Ext.P5 auction notice issued by the Tahsildar for auctioning the right to collect river sand from Thundiyil kadavu of Melukavu in Kozhencherry Panchayat. Ext.P5 relates to the year 2005. So, the writ petition has become infructuous. The petitioners also challenge certain provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002. Since the writ petition is infructuous, it is unnecessary to consider the sustainability of the challenge against the Rules. Accordingly, this writ petition is closed as infructuous, without prejudice to the contentions of the petitioners. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps