IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 9676 of 2011(H) ------------------------ PETITIONER: ------------------ 1. ACHANKUNJU, S/O.JOHN, VELLAVILA VEEDU, KAITHAKODE P.O., PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT, PIN-691 543. 2. MONACHAN, S/O.JOHN, VELLAVILA VEEDU, KAITHAKODE P.O., PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT, PIN-691 543. BY ADVS. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ SRI.P.SANJAY SHENOI RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, KOLLAM DISTRICT, PIN-691 001. 2. TAHASILDAR, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN-691 506. 3. THE VILLAGE OFFICER, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN-691 524. 4. THE PAVITHRESWARAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOLLAM DISTRICT, PIN-691 524. ..2- WP(C).No. 9676 of 2011(H) -2- 5. THE GEOLOGIST, DISTRICT OFFICE, ASRAMOM, KOLLAM DISTRICT, PIN-691 002. 6. THE DISTRICT ENVIRONMENTAL ENGINEER, THE KERALA STATE POLLUTION CONTROL BOARD, KRISHNALEELA TOWER, KADAPPAKKADA P.O., KOLLAM DISTRICT, PIN-691 008. 7. MANIYAN PILLAI, VENKULATHU VEEDU, KAITHAKODE P.O., PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT, PIN-691 543. 8. SURENDRAN, VELLAVILAYIL VEEDU, KAITHAKODE P.O., PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT, PIN-691 543. R1 TO R3 & R5 BY GOVT. PLEADER SRI. P.N. SANTHOSH R6 BY ADV. SRI. M.K. CHANDRAMOHAN DAS, SC, PC BOARD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 9676 of 2011 -------------------------- Dated this the 28th March, 2011 J U D G M E N T Petitioners have approached this Court with the following prayers: "i. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 6 to take immediate action to stop forthwith the illegal mining of earth and removal of land operation conducted by the 7th and 8th respondents at Kaithakodemuri in the hilly terrain on 11th Ward of Pavithreswaram Panchayath in Kollam District. ii. To issue a writ of mandamus or any other appropriate writ or direction commanding the respondents to act upon Exts.P1 and P2 and to stop the mining operation of earth being held at Kaithakodemuri in the hilly terrain of 11th Ward of Pavithreswaram Panchayath in Kollam District. iii. To pass a writ of mandamus, order or appropriate direction commanding the respondents 1 to 6 to ensure that no ordinary earth mining shall be held at Kaithakodemuri in the hilly terrain of 11th Ward of Pavithreswaram Panchayat in Kollam District, endangering the existence of houses, causing threat to human life, affecting the peaceful living of the petitioners and other local inhabitants as well as the ecological balance of the land". 2. The learned counsel for the petitioners submits that the grievance as stated in the writ petition has already W.P (C) 9676 of 2011 2 been sought to be considered and redressed at the hands of the 1st respondent by filing Ext.P1, mass petition and that the petitioner will be satisfied if appropriate direction is given to the 1st respondent to have it considered and finalised, in accordance with law. 3. Heard the learned Government Pleader as well. 4. In the above circumstances, the 1st respondent is directed to consider and pass appropriate orders on Ext.P1, in accordance with law, as expeditiously as possible, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment. 5. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for taking further steps. 6. It is made clear that, it will be for the 1st respondent to ensure that illegal land ming is not being pursued by anybody without possessing all the requisite licenses in this regard. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) 9676 of 2011 3 W.P (C) 9676 of 2011 4