IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 37816 of 2008(B) -------------------------------------- PETITIONER(S): -------------------- 1. BALAKRISHNA PILLAI, AGED 77 YEARS, S/O. NARAYANA PILLAI, VRINDAVAN, KOIKKAL MURI, EAST KALLADA VILLAGE, KOLLAM DISTRICT. 2. PAPPAN, AGED 74 YEARS, S/O. UMMEN, KIDAMEL VEEDU, KOIKKAL MURI, EAST KALLADA VILLAGE, KOLLAM DISTRICT. 3. JOY KUTTY, AGED 49 YEARS, S/O. KOSHY, KIDAMEL VEEDU, KOIKKAL MURI, EAST KALLADA VILLAGE, KOLLAM DISTRICT. 4. P. JACOB, AGED 39 YEARS, S/O. PAPPAN, KIDAMEL EBENEZER, KOIKKAL MURI, EAST KALLADA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.K.V.ANIL KUMAR RESPONDENT(S): ----------------------- 1. THE R.D.O, KOLLAM, KOLLAM DISTRICT. 2. THE ADDL. TAHSILDAR, KOLLAM. KOTTARAKKARA, KOLLAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, KUNDARA, KOLLAM DISTRICT. 4. EAST KALLADA GRAMAPANCAHYATH, REPRESENTED BY ITS SECRETARY, EAST KALLADA.P.O, KOLLAM DISTRICT. ADV. SRI.P.K.VIJAYAMOHANAN FOR R4 SRI.ALAN PAPALI FOR R4 SRI.NISHIL.P.S. FOR R4 SMT.ASHA KAIMAL FOR R4 SRI.GILBERT GEORGE CORREYA FOR R4 GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.37816/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF ORDER NO.K.DIS.12665/06 DT 20.11.2006 ISSUED BY THE 1ST RESPONDENT. EXT.P2: A TRUE COPY OF THE MASS PETITION DT 24.11.2008 SUBMITTED BEFORE THE 1ST RESPONDENT. EXTS.OF R4 EXT.R4(a): TRUE COPY OF THE COMMUNICATION NO.K6/101/08 DT 11.11.2008 FURNISHED BY THE 4TH RESPONDENT TO THE SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 37816 OF 2008 (B) ==================== Dated this the 2nd day of February, 2009 J U D G M E N T Petitioners grievance is mainly that Ext.P1 order issued by the 1st respondent prohibiting sand mining in the area mentioned therein is not implemented. Complaining of this, they have already filed Ext.P2 mass petition before the 1st respondent himself. It is stated that not only that there is inaction on Ext.P2, but the sand mining is going on with added vigour. 2. The Panchayat would on the other hand confirm that Ext.P1 is still in force and would contend that they have taken necessary action for the implementation of Ext.P1. 3. Now that Ext.P1 admittedly is still in force, it is the duty of the respondents to ensure that the said order is fully implemented. Since the petitioners are complaining that despite the order, sand mining is still going on, I direct the petitioners to make appropriate application before the 3rd and 4th respondents, in which case, the aforesaid respondents shall do everything necessary for the faithful implementation of Ext.P1 order passed by the 1st respondent. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp