IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30031 of 2011(S) --------------------------------------- PETITIONER(S): -------------------------- 1. NANDAKUMARAN NAIR, AGED 49 YEARS, S/O. RAMAKRISHNAN NAIR, KUNDUVELIL, MATHOOR, CHENNIYOORKKARA. 2. AJITH KUMAR,AGED 38 YEARS, S/O.RAMACHANDRAN NAIR, VALIYAVILA THEKKETHIL, ULANADU ,KULANADA. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.P.J.BALACHANDRAN 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 689 517. 4. DISTRICT EXPERT COMMITTEE REPRESENTED BY DISTRICT COLLECTOR, PAPTHANAMTHITTA 689 645. R1 & R2 BY GOVT. PLEADER SMT.K.MEERA R3 BY ADVS. SRI.P.U.SHAILAJAN , SRI.TOMS MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30031/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RECEIPT DTD. 20.2.2010 ISSUED BY THE 3RD RESPONDENT TO THE IST PETITIONER. P2:- COPY OF THE RECEIPT NO.46 DTD. 3.6.2010 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P3:- COPY OF THE RECEIPT NO.30 DTD. 23.6.2010 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P4:- COPY OF THE RECEIPT NO.37 DTD. 3.8.2010 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P5:- COPY OF THE RECEIPT NO.36 DTD. 3.8.2010 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P6:- COPY OF THE RECEIPT NO.01 DTD 6.8.2010 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P7:- COPY OF THE RECEIPT NO.1595/10 DTD. 3.6.2010 ISSUED BY THE THUMBAMON PANCHAYAT. P8:- COPY OF THE RECEIPT NO.1594/10 DTD. 3.6.2010 ISSUED BY THE THUMBAMON PANCHAYAT. P9:- COPY OF THE REPRESENTATION SUBMITTED BEFORE IST RESPONDENT DT. 10.10.2011. P10:- COPY OF THE REPRESENTATION BEFORE 2ND RESPONDENT DTD. 10.10.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = W.P.(C) 30031 OF 2011 = = = = = = = = = = = = = = = = = = DATED THIS, THE 21ST DAY OF NOVEMBER, 2011. J U D G M E N T C.N. Ramachandran Nair, J. This public interest litigation is filed for direction to the respondents to permit removal of sand from Achankovil River. According to the petitioners, there is substantial storage of sand in the Mathoor and Murippara kadavus within the third respondent Panchayat. However, according to them, on account of the inaction of the Panchayat and Revenue authorities, sand is not allowed to be collected and sold. The prayer in the writ petition is for direction to the District Collector to get the study conducted by the Centre for Earth Science Studies(CESS) and arrange for removal of the sand. Petitioners also make the allegation that on account of the inaction of the Panchayat and Revenue authorities, the local people will have to purchase sand produced by stone crushing units at high cost. The counsel for the Panchayat submitted that but for the order of the District Collector against removal of sand, Panchayat would proceed to take steps for auctioning, collection and sale of sand. W.P.(C) 30031/2011 2 2. We do not think there is any need for any scientific study with regard to the availability of sand in the two kadavus within the Panchayat because sand gets deposited as delta formations in river and as the water recedes the Panchayat itself can arrange for collection and sale of the same. In any case, since the District Collector himself is involved in the prohibitory orders issued which is stated to be based on court orders, we dispose of the writ petition with direction to the second respondent to conduct enquiry and if sand is available as stated by petitioners and if there is no court order prohibiting mining, collection and sale of sand, he will permit the Panchayat to proceed to arrange for collection and sale of sand in accordance with the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act,2001. However, if the District Collector feels that study by any special agency under the statute is mandatory, it is open to the District Collector to collect such report and proceed to issue final orders to the Panchayat within two months from the date of receipt of a copy of this judgment. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, W.P.(C) 30031/2011 3 (JUDGE) KNC/-