IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29942 of 2011(P) ----------------------------------- PETITIONER : - ---------------------- MECCA KADAVU MANAL THOZHILALI UNION, REP. BY ITS SECRETARY, SOUTH VALLOM RAYONPURAM P.O, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI. SIRAJ KAROLY RESPONDENTS : - ------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION KAKKANADU - 682 030 (CHAIRMAN EXPERT COMMITTEE KERALA RIVER BANK PROTECTION AND REGULATION OF SAND REMOVAL ACT 2001) 2. CENTRE FOR EARTH SCIENCE STUDIES (CESS) REPRESENTED BY ITS DIRECTOR, AKKULAM, THIRUVANANTHAPURAM 695 031. 3. PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY MUNICIPAL OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 543 4. EXECUTIVE ENGINEER, IRRIGATION DIVISION, CIVIL STATION, KAKKANADU - 682 030 5. TAHSILDAR, KUNNATHUNADU TALUK OFFICE PERUMBAVOOR 683 542. 6. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29942 of 2011(P) APPENDIX PETITIONER'S EXHIBITS : EXT P1 : COPY OF THE REQUEST DATED 23.12.2010. EXT P2 : COPY OF THE ROUGH SKETCH SHOWING THE LIE OF PERIYAR RIVER IN THE AREA. EXT P3 : COPY OF THE RESOULTION DATED 30.12.2010. EXT P4 : COPY OF THE RECOMMENDATION MADE BY THE 2nd RESPONDENT. EXT P5 : COPY OF THE FAVOURABLE REPORT MADE BY THE 4th RESPONDENT. EXT P6 : COPY OF THE JUDGMENT DATED 25.01.2011 IN W.P. (C) No. 2601 / 2011. EXT P7 : COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 05.11.2011. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29942 of 2011 P ``````````````````````````````````````````````````````````` Dated this the 10th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is a Trade Union. Their complaint is regarding the continued closure of Mecca Kadavu of the Periyar river, as a result, there is a ban of collection of river sand. According to the petitioner, by Exts.P4 and P5, second and fourth respondents have recommended reopening of the Kadavu in question. It is also stated that, by Ext.P7, petitioner has also brought to the notice of the first respondent the aforesaid developments and requested for reopening of the Kadavu in question. It is stated that, despite the above, the Kadavu remains closed and complaining of the above, the writ petition is filed. 2. In my view, this is a matter for the first respondent to take a decision. It is seen that the petitioner has already made Ext.P7 representation before the first respondent and, therefore, I direct the first respondent to consider and pass W.P.(C) No.29942/2011 : 2 : orders on Ext.P7 in the light of Exts.P4 and P5 reports of respondents 2 and 3. This, the first respondent shall do, as expeditiously as possible and at any rate, within four weeks from the date of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/10/11 // True Copy // P.A. To Judge