IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WA.No. 1793 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.17093/2009 Dated 25/06/2009 .................... APPELLANT/IST RESPONDENT IN WPC: ------------------------------------------ KAVALANGAD GRAMA PANCHAYATH, REP. BY ITS SECRETARY, KAVALANGAD GRAMA PANCHAYATH OFFICE, NELLIMATTOM P.O., KOTHAMANGALAM, ENRAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS/PETITIONERS & 2ND RESPONDENT IN WPC: ----------------------------------------------------------------- 1. SMT.ALEYAMMA PAULOSE, W/O.FR.PAULOSE, AGED 56 YEARS, CHITTAYATHU HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM. 2. FR.PAULOSE, S/O.LATE THOMAS, AGED 58 YEARS, CHITTAYATHU HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 3. SMT.REEBY BINOY,PRESIDENT, KAVALANGAD GRAMA PANCHAYATH, KAVALANGAD GRAMA PANCHAYATH OFFICE, KAVALANGAD. ADDL. 4. CHAIRPERSON,(DISTRICT COLLECTOR) DISTRICT LEVEL EXPERT COMMITTEE, COLLECTORATE, KAKKANADU P.O., ERNAKULAM. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 14.09.09 IN IA NO.885 /09) R1 & R2 BY ADV.SRI.JOHN JOSEPH ADDL.R4 BY ADDL. ADVOCATE GENERAL, SRI.RENJITH THAMPAN, GOVERNMENT PLEADER, SRI.M.R. SABU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1793 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2009 JUDGMENT Basheer, J. The appellant-Panchayat has preferred this Writ Appeal aggrieved by certain directions issued by the learned Single Judge in paragraph 3 of the impugned judgment as regards allotment/distribution of river sand. 2. When this Writ Appeal came up for consideration earlier, we had requested Sri.Renjith Thampan, learned Additional Advocate General, to get instruction and inform the Court as to what action has been taken by the District Expert Committee constituted under Section 3 of the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001(for short Act) in codifying the norms, regulations and guidelines in the matter of distribution of river sand from Kadavus and River Banks within the limits of Local Statutory Self Government Institutions, not only in District of Ernakulam but in other districts as well. WA No.1793 of 2009 -:2:- 3. Learned Additional Advocate General submitted before us that as far as the distribution of sand in the District of Ernakulam is concerned, the District Expert Committee had met on October 6, 2009 and issued certain guidelines in this regard. A copy of the proceedings of the District Expert Committee has been made available for our perusal. The Committee has issued certain guidelines to the Panchayats and Municipalities in Ernakulam District. Those guidelines are extracted hereunder. “1. Applications for the sand are to be accepted only in prescribed format(attached as Annexure 1) 2. Applications, duly filled should be entered on the same day of receipt in the Register earmarked for the purpose in Panchayat Office/Municipal Office. 3. The Secretary Grama Panchayat/Municipality shall be the custodian of the Register. 4. On very month a seniority list has to be prepared based on the applications received during the previous month and same has to be published in the notice board of the Panchayat, duly signed by the Secretary. 5. Based on the seniority and available loads of sand, a Distribution Plan has to be chalked out by the Panchayat Committee. 6. From the total Distribution Plan, Kadavu wise WA No.1793 of 2009 -:3:- Distribution Plan, has to be made and shall be handed over to each kadavu committee. 7. The Secretary Grama Panchayat/Municipality has to prepare passes, duly signed by Geologist, Tahsildar, Secretary, Grama Panchayat/Municipality concerned, in triplicate based on the seniority and should hand over one copy of the pass to the applicant and one copy to the Kadavu Watcher and the third copy to be kept at the Panchayat/Municipality. 8. The pass issued shall contain details like Name of the applicant (purchaser of sand), purpose for which the application has been made, address, date of allotment etc. at the time of preparation of pass. Details like time of loading, truck number, Name of driver, probable time to reach the destination etc. are to be filled by kadavu watcher during the loading time. 9. The maximum number of loads that can be given to the particular applicant in a week is restricted to three loads. If more loads are required, the applicant has to give separate applications which will be considered in the following weeks subject to the availability of sand and certification from concerned ward member regarding the consumption of earlier loads allotted. 10. The applications from other panchayt (which do not sand mining kadavus) needs to be considered on the basis of the seniority list and distribution plan submitted by those panchayat. 11. Only approved labourers having valid identity card from the panchayat are allowed to mine sand from the kadavu. WA No.1793 of 2009 -:4:- It shall be responsibility of the Panchayat and kadavu committee to ensure that on one else is mining sand in that Panchayat. 12. Tahsildars & Additional Tahsildars of the Taluk are entrusted with the task of conducting surprise checks and inspection of the kadavus on a routine basis to ensure that the sand mining operations are conducted and managed as per the guidelines. Deviations if any, has to be immediately brought into the attention of District Collector and District Collector shall suspend the mining operation in such kadavus till the DLEC consider matter, after hearing the parties, and take a decision in the matter.” 4. Having regard to the magnitude of misuse of the provisions of the Act in various Panchayats, the guidelines now issued by the District Expert Committee appear to be quite commendable but the only thing is that the authorities concerned must ensure that these guidelines are scrupulously followed. For this purpose the Expert Committee should constitute a Monitoring Committee, if there is none now, so that periodical inspection is made at all levels. 5. The Government shall also ensure that similar guidelines are issued by other District Expert Committees and that all the Panchayats and Municipalities in the State WA No.1793 of 2009 -:5:- implement them without any further delay. In the above facts and circumstances, the Writ Appeal is disposed of in modification of the directions issued by the learned Single Judge in paragraph 3 of the impugned judgment. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb