IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 6515 of 2011(L) ---------------------- PETITIONER(S): ------------------------ 1. A.M.BABU, AGED 38 YEARS, SON OF KANDANKUTTY, ASARIKANDI MEETHAL, P.O.KANNIPARAMBU, MAVOOR, KOZHIKODE. 2. NARAYANAN, AGED 34 YEARS, S/O.MOOTHARAN, KALCHIRA HOUSE, MAVOOR, KOZHIKODE. 3. RAMAN P., AGEAD 42 YEARS, S/O.KANDAN, THENAPPARAMBIL HOUSE, P.O.MAVOOR, KOZHIKODE. 4. RADHAKRISHNAN, AGED 48 YEARS, S/O.APPU NAIR, EDAVALATH HOUSE, P.O.MAVOOR, KOZHIKODE. 5. P.SUNIL KUMAR, AGED 37 YEARS, S/O.THANKAPPAN NAIR, PUTHUKKUDI HOUSE, THATHOOR POYIL, P.O. MAVOOR, KOZHIKODE. BY ADVS. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): ------------------------- 1. MAVOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MAVOOR, KOZHIKODE-673 661. 2. DISTRICT COLLECTOR, KOZHIKODE-673 020. 3. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM-695 001. *ADDL. R4 TO R8 IMPLEADED *4. MANI, THEERTHAKUNNU P.O., KANNIPARAMB, MAVOOR, KOZHIKODE - 673 661. ...2/- WP(C).No. 6515 of 2011(L) -2- *5. NIDHISH, NANGALATH VEEDU, VALAYANNUR P.O., CHEROOPPA, MAVOOR, KOZHIKODE - 673 661. *6. M.P. ABDUL KAREEM, MADATHILAMTHODI HOUSE, P.O. MAVOOR, KOZHIKODE - 673 661. *7. ABDUL LATHEEF, VELUTHEDATH HOUSE, KUTTIKKADAVU, P.O. CHEROOPPA, MAVOOR, KOZHIKODE - 673 661. *8. HYDERALI, KALATHIL HOUSE, P.O. MAVOOR, KOZHIKODE - 673 661. * ARE IMPLEADED AS ADDL. R4 TO R8 VIDE ORDER DT. 24/3/2011 IN I.A. 5263/2011. R1 BY ADV. SMT.C.G.PREETHA R2 & R3 BY GOVT. PLEADER SRI. MUHAMMED SHAFI M. R4 TO R8 BY ADV. SMT.MARY BEENA JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...3/- WP(C).No. 6515 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1(a) : COPY OF THE IDENTITY CARD ISSUED TO THE 1ST PETITIONER BY THE DISTRICT COLLECTOR AND THE MAVOOR GRAMA PANCHAYAT. EXT.P1(b) : COPY OF THE IDENTITY CARD ISSUED TO THE 2ND PETITIONER BY THE DISTRICT COLLECTOR AND THE MAVOOR GRAMA PANCHAYAT. EXT.P1(c) : COPY OF THE IDENTITY CARD ISSUED TO THE 3RD PETITIONER BY THE DISTRICT COLLECTOR AND THE MAVOOR GRAMA PANCHAYAT. EXT.P1(d) : COPY OF THE IDENTITY CARD ISSUED TO THE 4TH PETITIONER BY THE DISTRICT COLLECTOR AND THE MAVOOR GRAMA PANCHAYAT. EXT.P1(e) : COPY OF THE IDENTITY CARD ISSUED TO THE 5TH PETITIONER BY THE DISTRICT COLLECTOR AND THE MAVOOR GRAMA PANCHAYAT. EXT.P2(a) : COPY OF RECEIPT SHOWING THE PAYMENT OF PROFESSIONAL TAX BY 1ST PETITIONER. EXT.P2(b) COPY OF RECEIPT SHOWING THE PAYMENT OF PROFESSIONAL TAX BY 2ND PETITIONER. EXT.P2(c) COPY OF RECEIPT SHOWING THE PAYMENT OF PROFESSIONAL TAX BY 3RD PETITIONER. EXT.P2(d) COPY OF RECEIPT SHOWING THE PAYMENT OF PROFESSIONAL TAX BY 4TH PETITIONER. EXT.P2(e) COPY OF RECEIPT SHOWING THE PAYMENT OF PROFESSIONAL TAX BY 5TH PETITIONER. EXT.P3 COPY OF DECISION NO. 11/2011 OF THE 1ST RESPONDENT DATED 23.2.2011. (Contd...) WP(C).No. 6515 of 2011(L) EXT.P4 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn HARUN-UL-RASHID,J. ------------------------------- W.P.(C) NO.6515 OF 2011 ------------------------------- DATED THIS THE 12TH DAY OF DECEMBER, 2011 JUDGMENT Writ Petition is filed seeking to quash Ext.P3 and for a direction commanding the respondents not to terminate the service of the petitioners in the Kadavus as Sand Writers in the Mavoor Grama Panchayat. The challenge in the writ petition is Ext.P3 decision taken by the Panchayat terminating the service of the petitioners, who are working as Sand Writers in the five Kadavus of the Chaliyar river. According to the petitioners, Ext.P3 decision of the Panchayat to terminate their services is illegal, that was taken without hearing them and that the termination was made without any reason. 2. The lst respondent filed a statement. The lst respondent and Respondents 4 to 8 opposed the reliefs sought for in the writ petition. 3. When the matter is taken up for consideration today, -2- W.P.(C).NO.6515/2011 the learned counsel for the petitioners submits that the petitioners preferred Ext.P4 appeal before the 2nd respondent-District Collector challenging Ext.P3 decision of the Panchayat and that the same is pending consideration before the 2nd respondent, who is the Chairman of the District Expert Committee under the Kerala Protection of River Banks and Regulation of Removal of Sand Act. In the aforesaid circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P4 appeal and pass appropriate orders thereon, after affording an opportunity of being heard to the petitioners and the affected parties, if any, within a period of two months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. kcv.