IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 35311 of 2005(D) --------------------------------------- PETITIONER: ------------------- MAHESH RAM, ADVOCATE, THAMARAPARAMBIL, KUMBAZHA NORTH, MYLAPARA P.O., PATHANAMTHITTA. BY ADVS. SRI.PHILIP M.VARUGHESE, SRI.V.SETHU NATH. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. THE TAHSILDAR, RANNI. 4. GEOLOGIST/DISTRICT OFFICER, DEPARTMENT OF MINING AND GEOLOGY, PATHANAMTHITTA. 5. RANNI-PERUNAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, RANNI, PERUNAD. R1 TO R4 BY GOVT. PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35311/2005-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DTD. 09/12/2005. EXT.P.2: COPY OF THE NEWS ITEMS APPEARED IN MANGALAM DAILY DTD. 08/12/2005. EXT.P.3: COPY OF THE NOTICE DTD. 19/11/05. EXT.P.4: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR DTD. 12/12/05. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35311 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of June, 2010 J U D G M E N T The petitioner is aggrieved by the unauthorized and illegal sand mining in and around “Ambalathu Kadavu” near the Rishikesha Temple, from Pamba river. The petitioner's contention is that, this temple is of great spiritual importance to the Sabarimala pilgrims who visit this temple on their onward journey to the Sabarimala during Sabarimala festival season. The “Ambalathu Kadavu” is a place where the pilgrims bath before offering prayers in the Rishikesha temple. The petitioner is aggrieved by the indiscriminate and unregulated sand mining from the kadavu in front of the temple, which is a serious threat to the premises of the temple itself is the contention of the petitioner. The petitioner therefore seeks appropriate direction to the 1st respondent to issue prohibitory orders banning removal of sand from the W.P.(C)No. 35311 of 2005 -2- “Ambalathu Kadavu” in front of the Rishikesha temple in Ranni-Perunad Panchayth. 2. I have heard the learned Government Pleader also. At the time of admitting the writ petition, on 19.12.2005 this court passed the following interim order: The 1st respondent is directed to cause an enquiry into Ext.P4 representation and file a report before this court within one month. If the allegations raised in Ext.P4 are found to be correct, needless to say, the 1st respondent shall take appropriate action to prevent the illegal sand mining. 3. The Government Pleader today, handed over for my perusal a fax message dated 27.01.2006 received by the Advocate General from the District Collector, Pathanamthitta which reads thus: It may be noted that the above said Kadavu has not been auctioned for sand mining. Enquiry conducted on the matter it reveals that no sand mining is being conducted from the place as alleged. But nearly Madamon Kampakathum Kadavu” is an authorized sand mining kadavu in Perunadu Panchayat. The only way for the transportation of sand from this Kadavu is through private property. The alternative way to remove sand from the Madamon Kampakathum Kadavu” is through the Ambalathum Kadavu. As the transportation through the private property is objected by the land owner the sand collected from the Madamon Kampakathum Kadavu is being carried in country boats to “Ambalathum Kadavu” and from there it is transported in motor vehicles to other places. W.P.(C)No. 35311 of 2005 -3- Based on the direction from the High Court the loading of sand from Ambalathum Kadavu has been prohibited by Tahsildar, Ranni. The Tahsildar, Ranni as per intimation from this office has constructed fencing in the dangerous zones of River Pamba. The position may kindly be brought to the notice of the Hon'ble High Court and the orders obtained accordingly. 4. In view of the same, I dispose of this writ petition with a direction to the respondents to see that, no sand is collected from the “Ambalathu Kadavu” and continue to take appropriate action to see that nobody conducts any sand mining in and around that kadavu, so that the premises can be protected for posterity. S. SIRI JAGAN JUDGE shg/