IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 4585 of 2010(W) ------------------------- PETITIONER: --------------- C.MOHAMMED, AGED 55 YEARS, S/O.ALAVI HAJI, CHAMBAN HOUSE, VATTICHIRA, P.O.MOONNIYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, TIRURANGADI. BY GOVT.PLEADER SHRI M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.4585/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF PASS ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE PHOTOGRAPHS TAKEN FROM DAM SITE ALONG WITH C.D. EXT.P3: TRUE COPY OF THE PAPER REPORT PUBLISHED IN THEJUS DAILY DATED 14.5.09. EXT.P4: TRUE COY OF THE COMPLAINT TO THE 1ST RESPONDENT. TRUE COPY T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.4585 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF APRIL, 2010 J U D G M E N T The petitioner is aggrieved by the illegal sand mining in the Attupuram Kadavu directly managed by the 2nd respondent. It is pointed out that the mining of the sand is within the prohibited distance from Mannattampara dam. 2. The petitioner has produced various photographs as per Exhibit P2 and a paper report published in the 'Thejus' daily produced as Exhibit P3 in support of the contentions. 3. Exhibit P4 is a complaint submitted by the various inhabitants, alleging the illegal sand mining, before the District Collector. Though notice was ordered, respondents have not filed counter affidavit so far. The learned counsel for the petitioner submitted that the petitioner will be satisfied if the District Collector is directed to take a decision on Exhibit P4 within a time frame, especially in the light of the summer season. 4. There will be a direction to the District Collector to consider the grievances raised in Exhibit P4, conduct due W.P.(C)No. 4585/10 -2- enquiries and take appropriate decision with notice to the petitioner, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this Writ Petition along with a copy of the judgment for compliance. T.R.RAMACHANDRAN NAIR, JUDGE dsn