IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 2375 of 2008(G) ------------------------------------ PETITIONERS: ------------------- 1. A.G.GOPALAKRISHNAN NAIR, RESIDING AT PUNTHALA VEEDU, VAZHUMUTTOM P.O., OMALLUR, PATHANAMTHITTA-689 647. 2. ELIYAMMA SAMUEL, PERUMBRA MANZIL, VAZHAMUTTOM EAST P.O., MALLASSERY, PATHANAMTHITTA. 3. T.D.GEORGE, THANASSERIL VEEDU, VAZHAMUTTOM P.O., OMALLUR, PATHANAMTHITTA. 4. PETER M.DAVID, MUTHEDATHU VEEDU, VAZHAMUTTOM P.O., PATHANAMTHITTA. 5. P.V.GANGADHARAN NAIR, PUNTHALA VEEDU, VAZHAMUTTOM P.O., PATHANAMTHITTA. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. VALLIKKODE PANCHAYAT, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY, VALLIKKODE P.O.-689 659. 3. OMALLUR GRAMA PANCHAYAT, OMALLUR, PATHANAMTHITTA, 689 647, REPRESENTED BY ITS SECRETARY. WP(C) NO: 2375/2008 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., LOCAL ADMINISTRATION, TRIVANDRUM. R3 BY ADV. SRI.C.B.SREEKUMAR R2 ADV. SRI.P.VIJAYAKUMAR GOVERNMENT PLEADER SRI. M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 2375/2008 G APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE PAPER REPORT IN MANGLAM DAILY DT. 27/07/2007. EXT.P2. COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE BRIDGE. EXT.P3. COPY OF THE PAPER REPORT IN MANGALAM DAILY DT. 26/1/2007. EXT.P4. COPY OF THE NEWS ITEM IN MALAYALA MANORAMA DAILY DT. 07/08/2007. EXT.P5. COPY OF THE PHOTOGRAPHS SHOWING THE LARGE SCALE LAND SLIDING. EXT.P6. COPY OF THE REPRESENTATION FILED BY SAJI T SAMUEL DATED NIL. EXT.P7. COPY OF THE REPRESENTATION FILED BY THE PETITIONERS AND OTHERS DT. 30/10/2007. RESPONDENT'S EXHIBITS NIL. True copy tga ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 2375 of 2008 ------------------------------------- Dated: MARCH 4, 2008 JUDGMENT The prayers sought for in this writ petition are the following: “i) to issue a writ of mandamus or any other writ, direction or order, directing the first respondent to consider Ext.P7 representation and take stringent action in accordance with the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, Act 18 of 2001 and close down the Thovelil Kadavu for infringement of the said provisions; ii) to issue a writ of mandamus or any other writ, direction or order, directing the respondents to constitute District Expert Committees and Kadavu Committees and to fix the total quantity of the sand that can be removed from the River Kadavus and the manner in which it can be removed in accordance with the provisions of Act 18 of 2001.” WP(C) 2375/08 Page numbers 2. In Ext.P7 representation submitted by the petitioners to the 1st respondent, the main complaint appears to be regarding the indiscriminate sand mining from Achankovil river. It is on that basis that the petitioners have sought a direction from the 1st respondent either to stop indiscriminate river sand mining or to regulate the same by auctioning it in the manner as provided in the Kerala Protection of River Banks and Regulation of Removal of Sand Act and Rules. In the nature of the requests that are contained in Ext.P7, I have no reason to decline the relief of directing the 1st respondent to consider Ext.P7 and pass orders in accordance with the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. 3. Coming to the second prayer made by the petitioners, District Expert Committees and Kadavu Committees are statutory committees contemplated under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Now that the Act has been implemented, it is the obligation of the respondents to constitute the committees in terms of the said Act. 4. Accordingly there will be a direction to the respondents to WP(C) 2375/08 Page numbers constitute District Expert Committees and Kadavu Committees. This direction shall be carried out by the respondents as expeditiously as possible, at any rate, within four weeks from the date of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-