IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 1458 of 2010(S) ------------------------- PETITIONER(S): --------------- A.M.ABDUL KHADER, AGED 50 YEARS S/O.MUMMY, AKKOTH HOUSE, VELLOORKUNNU, MARKET P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD P.O., ERNAKULAM DISTRICT (CHAIR PERSON, DISTRICT LEVEL EXPERT COMMITTEE CONSTITUTED UNDER ACT 18 OF 2001) 2. THE CENTRE FOR EARTH SCIENCE STUDIES (CESS), REPRESENTED BY ITS DIRECTOR, THIRUVANANTHAPURAM. 3. THE POTHANICAD GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, POTHANICAD GRAMA PANCHAYATH OFFICE POTHANICAD P.O., ERNAKULAM DISTRICT. 4. THE SECRETARY, POTHANICAD GRAMA PANCHAYATH POTHANICAD GRAMA PANCHAYATH OFFICE POTHANICAD P.O., ERNAKULAM DISTRICT. ADV. SRI.BABU JOSEPH KURUVATHAZHA FOR R3,4 SRI.V.KRISHNA MENON FOR R2 SENIOR GOVERNMENT PLEADER SRI.M.R.SABU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 1458/2010 APPENDIX PETITIONER'S EXTS. EXT.P1 - A TRUE COPY OF THE GOODS CARRIAGE PERMIT OF THE VEHICLE BEARING REGISTRATION NO.KL 4E 9108 BELONGING TO THE PETITIONER DATED 27.10.2005. EXT.P2 - A TRUE COPY OF THE INTERIM ORDER DATED 12.10.2009 IN IA NO.10958 OF 2009 IN WP(C) NO.3128 OF 2009 OF THIS HON'BLE COURT. EXT.P3 - A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS.500/- DATED 11.11.2009 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER PERMITTING HIM TO TRANSPORT SAND FROM THE KADAVUS IN THE TERRITORIAL LIMITS OF THE PANCHAYATH. EXT.P4 - A TRUE COPY OF THE APPLICATION SUBMITTED BY MR.ELDHOSE DATED 13.01.2009 BEFORE THE 4TH RESPONDENT. EXT.P5 - A TRUE COPY OF THE INFORMATION ISSUED BY THE 4TH RESPONDENT WITHOUT DATE TO MR.ELDOSE ON EXHIBIT P4. EXT.P6 - A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE LOADING OF SAND INTO THE LORRY FROM THE KADAVU. EXT.P7 - A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL 4E 9108. EXT.P8 - A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 22.02.2010. RESPONDENTS' EXTS. EXT.R1 - TRUE COPY OF THE GUIDELINES ISSUED BY THE DISTRICT COLLECTOR TO THE LOCAL BODIES. /TRUE COPY/ J.CHELAMESWAR, C.J. & K.BALAKRISHNAN NAIR, J. ------------------------------ W.P.(C) No.1458/2010-S ------------------------------ Dated this, the 30th day of March, 2010 JUDGMENT J.Chelameswar, C.J. The Writ Petition is filed with the following prayers: “(I) Issue a writ of mandamus directing the 1st respondent to prohibit the illegal sand mining conducted by the 3rd respondent in Chelakadavu situated in the tributary of Muvattupuzha river; (II) Issue a writ of mandamus directing the 1st respondent to prohibit all sand mining activities in Muvattupuzha river which is being conducted in violation of the provisions of Act 18 of 2001; (III) Issue a writ of mandamus directing the 1st respondent to prohibit the mining activities conducted by the 3rd respondent in Chelakadavu without obtaining the report from the 2nd respondent; (IV) Issue a writ of mandamus directing the respondents not to allow any kadavus within 500 metres from irrigation works as contemplated under Section 12 of Act 18 of 2001 and to conduct sand audit as contemplated under Section 29 of Act 18 of 2001.” WPC No.1458/2010 - 2 - 2. A bare reading of the above quoted reliefs gives an impression that the Writ Petition is filed in public interest. in fact, the petitioner has filed a docket, indicating that the Writ Petition is a public interest litigation. On the other hand, in the statement of facts in the Writ Petition, in para 1, it is stated as follows: “The petitioner is a registered owner of a vehicle bearing Registration No. KL 4E 9108, a medium goods vehicle mainly used for transporting building materials. A true copy of the goods carriage permit of the vehicle bearing Registration No. KL 4E 9108 belonging to the petitioner dated 27.10.2005 is produced herewith and may be marked as Exhibit P1. The said permit is valid up to 26.10.2010.” The above statement discloses the financial interest of the petitioner in the probable outcome of the Writ Petition, as it is framed. In such circumstances, the reliefs sought by the petitioner, which are quoted above, cannot be granted by this Court. We are of the opinion that the petitioner made a vain attempt to persuade this Court that he has no interest in the WPC No.1458/2010 - 3 - matter and did not approach this Court with clean hands. The Writ Petition, is, therefore, dismissed. J.Chelameswar, Chief Justice K. Balakrishnan Nair, Judge. nm.