IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 13547 of 2007(S) ----------------------------------- PETITIONER(S): --------------------- T.G.SURESH, S/O. T.O.GEORGE, THYKKATTIL HOUSE, CHELAKARA P.O., THRISSUR. BY ADV. SRI.S.SAJU SRI.BOBBY LAL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRSSUR DISTRICT. 3. THE TAHSILDAR, THALAPPALLY THALUK, THRISSUR. 4. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 5. THIRUVILLAMALA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, THRISSUR DISTRICT. 6. KONDAZHY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THRISSUR DISTRICT. 7. PANAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THRISSUR DISTRICT. WP(C) NO. 13547/2007 s 8. DESHAMANGALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THRISSUR DISTRICT. GOVERNMENT PLEADER SRI. PAUL BENJAMIN FOR R4 ADVS. SRI.P.C.SASIDHARAN FOR R.8 SRI.T.M.CHANDRAN FOR R.6 & R7 SRI.V.A.SASIDHARAN FOR R.7,6 SRI.JOSEPH ALBIN NEDUNTHALLY FOR R.7,6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13547/2007 S APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE PHOTOGRAPH TAKEN FROM THE 8 KADAVU. EXT.P2. COPY OF THE COMPLAINT DT. 20/3/07 BEFORE THE DISTRICT COLLECTOR, THRISSUR. EXT.P3. COPY OF THE NEWS IN MALAYALA MANORAMA DAILY DT. 29/03/2007. RESPONDENTS' EXHIBITS : EXT.R1A. COPY OF THE KADAVU DETAILS. EXT.R8A. COPY OF THE ORDER BY THE DISTRICT COLLECTOR, THRISSUR DT. 12/1/2007. / TRUE COPY / PS TO JUDGE. Tga Kurian Joseph, Ag.C.J. & Thottathil B.Radhakrishnan, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.C.No.13547 of 2007-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of January, 2010. JUDGMENT Kurian Joseph, Ag.C.J. 1.This writ petition is filed for the following reliefs: “i)Issue a writ of mandamus or order or direction to all the respondents to see to it that no Lorries are allowed to enter or park on the river bed for loading sand and also to ensure that Lorries coming to load the sand are parked at least 25 meters away from the river bank in the Kadavus of Bharathapuzha. ii) Issue a writ of mandamus or order or direction to 2 to 8 respondents to properly implement the provisions as per Sec.12 of the Kerala Protection of River Banks Regulation of Removal of Sand Act, 2001, providing WPC13547/07 -: 2 :- general conditions for the sand removal operations in a Kadavu. iii) Issue a writ of mandamus or order or direction to call for the records connected with the issuance of the order of the District Collector, Thrissur, directing to issue token to the consumers of sand on payment of Rs.1040/- to the Thaluk Office.” 2.The District Collector has filed several affidavits in the matter. In the affidavit dated 16.12.2009 filed on behalf of the District Collector, it is stated as follows: “3. It also humbly submitted that strict action is taken against illegal transportation of river sand. Who ever transports sand without complying the provision of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001 their vehicles are confiscated as per the provisions of the said act. Several cases were booked during the last three years. When a vehicle is seized for illegal transportation of sand under the above said Act, the vehicles are returned to the WPC13547/07 -: 3 :- registered owner of the vehicle, if he remits an amount equal to the value to the vehicle assessed by the concerned Regional Transport Officer with in 7 days, to the River Management Fund. Failure to remit the above sum will be disposed off as provided under law and the sale of the vehicle proceeds will be remitted to the River Management Fund. Thus, effective steps to control illegal sand mining are adopted in the district. 4. In addition, it is also submitted that special squads have been formulated in 5 taluks in the district to check illegal sand mining. 5. It is submitted that 958 vehicles were seized and a sum of Rs.3,25,89,250/- have been imposed as per Rule 27 of the Kerala Protection of River Banks and Regulation of Removal of Sand ACT 2001 and the same is due to the River Management Fund being the cost of the vehicles who transported unauthorised sand in the district for the past three years. 6. It is humbly submitted that according to the sand audit report of Centre for Water Resources Development & Management, WPC13547/07 -: 4 :- Kozhikode, the quantity of the sand mined from each Kadavu is fixed. In the District Level Expert Committee meeting it is decided to allot maximum of 3 loads of sand to each applicant. Application for sand is collected through Akshaya Centres in the District on pre-notified dates. Applications are thereafter verified by the Taluk Tahsildar and eligible applicants are entered in the data bank. Thereafter list of eligible applications are selected from the data bank (random wise) and is published in the concerned Taluk office,Akshaya centers, Panchayath, and in Govt. Website also. Cost @ Rs.2,341/- including vat + cess per load for the sand is collected and the sand pass is issued by the Tahsildar on seniority basis. 15% of the total quantity of sand mined from each Kadavu is reserved for Government and public works and 10% is reserved for Panchayath quota and the balance of 75% is year marked for General quota.” 3.The above statements are recorded. The writ petition is hence disposed of directing the District Collector, Thrissur to ensure that WPC13547/07 -: 5 :- the sand mining in Bharathapuzha river and transportation of sand therefrom are conducted strictly in accordance with the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the Rules framed thereunder. We make it clear that in the event of any lapse on the part of any of the officers, they shall be made personally liable for the loss caused to the Revenue, apart from other consequences. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge. Sha/2901