IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6227 of 2008(N) ------------------------- PETITIONER: ------------ MANNAMANGALAM SREE MAHAVISHNU KSHETHRAM BHARANA SAMITHY, REPRESENTED BY THE SECRETARY, M.S.KRISHNANKUTTY, MADAMBIPARAMBIL HOUSE, MANNAMANGALAM P.O., THRISSUR. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. THE SECRETARY, VALLATHOLNAGAR GRAMA PANCHAYATH, VALLATHOLNAGAR, THRISSUR. 3. THE SECRETARY, PANGAL GRAMA PANCHAYATH, PANGAL, THRISSUR. 4. THE SECRETARY, THIRUVILLAMALA GRAMA PANCHAYATH, THIRUVILLAMALA, THRISSUR. 5. THE SECRETARY, KONDAZHY GRAMA PANCHAYATH, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6227 of 2008 ------------------------------------- Dated: February 22, 2008 JUDGMENT Petitioner claims to be the Secretary of Mannamangalam Sree Mahavishnu Kshethram Bharana Samithy. According to the petitioner the temple is under renovation and for this purpose, by Ext.P1 proceedings the District Collector has allotted 25 truck loads of river sand. According to him, for transporting the river sand from the respective kadavus, the devotees of the temple themselves are willing to make available trucks free of cost. However, since the District Collector has imposed a restriction that only such of those trucks which are registered in the local panchayat alone will be allowed to lift the sand from the kadavus, they are not in a position to use the trucks of the devotees. Petitioner submits that if those registered trucks are to be engaged, they will have to incur heavy expenditure and therefore in modification of the system now WP(C) 6227/08 Page numbers prevailng, they should be allowed to transport the river sand deploying trucks belonging to the devotees. 2. It is true that the District Collector has issued a regulatory order providing that the trucks registered in the local panchayat alone will be allowed to lift the river sand from the kadavus and there cannot be any exception to the purpose that is sought to be achieved by the said proceedings. However, here is a case where a temple is under renovation and the devotees themselves are willing to provide trucks free of cost to transport the sand allotted as per Ext.P1, for the purposes of the temple. If that be so, this certainly makes out a situation requiring a relaxation from the general rule. Since the Collector himself has laid down the procedure, I feel that though the petitioner is justified in the request, the petitioner should approach the Collector himself for modification of the system that is prevailing. 3. In view of this, I direct that the petitioner shall approach the 1st respondent with a suitable representation, furnishing the details including the registration number of the trucks proposed to be deployed, in which case, the Collector will consider the same and WP(C) 6227/08 Page numbers pass orders enabling the petitioner to transport river sand from the respective Kadavus. Necessarily, the Collector will give due intimation to the authorities concerned. This judgment has been rendered in the peculiar facts of this case and shall not be understood as modifying the system that is now followed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-