IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 26901 of 2011(K) ------------------------------------------ PETITIONER(S): ------------------------ RAJASEKHARA KURUP, AGED 48 YEARS, S/O.RAMAKRISHNA KURUP, SIVASAILAM, THOTTAKONAM MURI, PANDALAM. BY ADV. SRI.T.M.ABDUL LATHIFF RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR, PATHANAMTHITTA-689 645. 3. CHENNIYOORKKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHENNIYOORKKARA, PATHANAMTHITTA-689 645. R1 & R2 BY SR. GOVERNMENT PLEADER SMT. SUNITHA VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26901/2011 K APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1. TRUE COPY OF THE LICENSE NO.TP.22/2011-12 DATED 4.5.2011. EXHIBIT-P1(a). TRUE COPY OF THE LICENSE NO.TP.23/2011-12 DATED 4.5.2011. EXHIBIT-P1(b). TRUE COPY OF THE LICENSE NO.TP.24/2011-12 DATED 4.5.2011. EXHIBIT-P1(c). TRUE COPY OF THE LICENSE NO.TP.25/2011-12 DATED 4.5.2011. EXHIBIT-P1(d). TRUE COPY OF THE LICENSE NO.TP.26/2011-12 DATED 4.5.2011. EXHIBIT-P1(e). TRUE COPY OF THE LICENSE NO.TP.27/2011-12 DATED 4.5.2011. EXHIBIT-P1(f). TRUE COPY OF THE LICENSE NO.TP.28/2011-12 DATED 4.5.2011. EXHIBIT-P2. TRUE COPY OF THE PETITION DATED 26.09.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P3. TRUE COPY OF THE PETITION DATED 26.09.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.26901 of 2011-K. = = = = = = = = = = = = = Dated this the 14th October, 2011. J U D G M E N T The petitioner has filed this writ petition on the following averments: He is the owner of a number of country boats which he has purchased for the purpose of collecting river sand from Achankovil River within the limit of Chenniyoorkkara Grama Panchayat. Previously he used to participate in the auction conducted by the third respondent Pachayat of the right to collect such sand. He is now having 200 workers for the purpose of doing the work of collecting sand from the river. According to the petitioner, large quantity of sand has spread at the various portions of the river. They are being collected by the persons who are engaged on unauthorised collection of sand. The pachayat has not conducted any auction of the right to collect sand. The workmen of the WP(C).No.26901/2011-K. 2 petitioner as well as his boats are idling, the petitioner has submitted Ext.P2 representation to the third respondent. He complains that the said representation has not been considered and disposed of so far. The petitioner has also placed similar representation before the District Collector and other authorities. 2. As per the provisions of Panchayat Raj Act, the right of river sand collection is vested with the third respondent. The panchayat is conferred with the ample power with the management of the river portion at close to its limit. The State Government has also act regulating the manner of collection of the sand from the rivers. It is up to the authorities to decide the question as to how the rivers are to be managed. The decision as to whether sand should be collected from a particular river also is a matter that comes within the powers of the concerned authority. The petitioner has no legal right to demand any such auction to be conducted or that the State should take some measures WP(C).No.26901/2011-K. 3 in this matter. The petitioner has submitted representations to the authorities. It is up to the authorities to consider such representations in accordance with law. Since no prejudice is caused to the petitioner by the non consideration of his representations. I do not find any grounds to exercise my discretionary powers under Article 226 of the Constitution of India to issue any directions at this stage. The writ petition is devoid of merit hence dismissed. K.SURENDRA MOHAN, (Judge) Kvs/-