IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 2488 of 2010(I) ------------------------- PETITIONER(S): --------------- 1. MUHAMMAD KUTTY, S/O.AMINA, CHANGAMPALLI, CHEMBRA, THIRUVEGAPURA, PALAKKAD DISTRICT-679 304. 2. JAFER, S/O.MUHAMMAD, KINARGATTIL, THIRUVEGAPURA, PALAKKAD DISTRICT-679 304. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU SMT.SURYA SASI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT. 2. GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, PALAKKAD DISTRICT, PALAKKAD. 4. THE REVENUE DIVISIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT. 5. THE TAHSILDAR, OTTAPALAM TALUK, PALAKKAD DISTRICT. 6. THE VILLAGE OFFICER THIRUVEGAPURA VILLAGE, PALAKKAD DISTRICT. 7. THE SECRETARY, THIRUVEGAPURA GRAMA PANCHAYAT, PALAKKAD DISTRICT. BY G.P. SHRI P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2488 of 2010 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2010. JUDGMENT The petitioners are residents of Chembra in Palakkad District. They are mainly aggrieved by the unauthorized mining of river sand by the sand mafia from Kaliyarvattom kadavu which is situated very close to their houses. It is pointed out that the unauthorised mining of sand has resulted in decrease of water level in their wells resulting in complete depletion of water sources and the drying of wells. 2. Ext.P2 is the representation submitted by the petitioners before the various authorities including the District Collector. Ext.P2(3) is the acknowledgment card evidencing the receipt of the same by the District Collector. Ext.P3 series are representations submitted before the various revenue authorities and the acknowledgment cards and postal receipts have been produced evidencing the receipt of the same. The question is whether there is illegal mining of sand, which can be found out only after conducting due enquiries. 3. Therefore, there will be a direction to the District Collector to consider Ext.P2 representation and take appropriate action as enjoined by wpc 2488/2010 2 law after calling for reports from the revenue officers concerned, who shall conduct a local inspection and furnish reports expeditiously. Orders shall be passed after notice to the petitioners and any other necessary parties, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the District Collector for compliance. (T.R. Ramachandran Nair, Judge.) kav/