IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 8452 of 2009(B) ------------------------------------- PETITIONER: ------------------- C.V.LALU, CHERIVUKALAYIL HOUSE, ANAKKARA.P.O.,VANDANMEDU, IDUKKI DISTRICT. BY ADV. MR.GEORGEKUTTY MATHEW. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM.P.O.,THIRUVANANTHAPURAM. 2. THE GEOLOGIST, THE DISTRICT OFFICE OF MINING AND GEOLOGY DEPARTMENT, MINI CIVIL STATION, THODUPUZHA, IDUKKI DISTRICT. 3. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT. 5. THE TAHSILDAR, UDUMPANCHOLA TALUK, IUDUKKI DISTRICT. 6. THE VILLAGE OFFICER, VILLAGE OFFICE, ANAKKARA, IDUKKI DISTRICT. 7. THE VANDANMEDU GRAMAPANCHAYATH, VANDANMEDU.P.O., IDUKKI DISTRICT. 8. THE SUB INSPECTOR OF POLICE, VANDANMEDU.P.O., IDUKKI DISTRICT. 9. VARGHESE THOMAS, MUNNEL HOUSE, PUTTADY.P.O.,IDUKKI DISTRICT. W.P.(C). NO.8452/2009-B: 10. ROY OMMEN, ELAPPUNKAL HOUSE, PUTTADY.P.O., IDUKKI DISTRICT. 11. GANESAN, KADAKKAL HOUSE, PUTTADY.P.O., IDUKKI DISTRICT. 12. JOSE PUTHUMANA, PUTHUMANAYIL HOUSE, PUTTADY.P.O., IDUKKI DISTRICT. 13. SHAJI.M.P., MALAKKARAYIL HOUSE, ANAKKARA.P.O., IDUKKI DISTRICT. * ADDL.RESPONDENTS 14 TO 30 IMPLEADED: 14. SOJAN, ELAPUNKAL HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. 15. JOSEPH, ELAPUNKAL HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. 16. JAMES MAKORA HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. **17. TOMY, POOVATHINKAL HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. **18. CHELLAPANDY, KALARICKEL HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. 19. MALLIAH GAUNDER, KALARICKEL HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. 20. SHANMUGHAM, KALARICKEL HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. **21. ASHIRVADAM, KALARICKEL HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. 22. REGI, PAYAMPALIL HOUSE, PUTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT. W.P.(C). NO.8452/2009-B: 23. THE ST. MARY'S MAMANKARA CATHOLIC CHURCH HOUSE, PUTTADY.P.O., KEEZHANAKKARA, IDUKKI DISTRICT, REP. BY ITS TRUSTEE. 24. THANKATHAN, PARACKAL HOUSE, PAMPUPARA.P.O., IDUKKI DISTRICT. 25. JOSE MURIANKATHIL HOUSE, PAMPUPARA.P.O., IDUKKI DISTRICT. 26. BABY VALLIADATH HOUSE, ANAKARA.P.O., IDUKKI DISTRICT. 27. VARGHESE THOMAS, KUNNIL HOUSE, PUTTADY.P.O., IDUKKI DISTRICT. 28. ESWARAN, KADAKKAL HOUSE, PUTTADY.P.O., IDUKKI DISTRICT. 29. SHAJI M.P., MALANKARAYIL HOUSE, PUTTADY.P.O., IDUKKI DISTRICT. 30. THE ARCH BISHOP, SYRO-MALANKARA ARCH DIOCESE, ARCH BISHOP'S HOUSE, THIRUVALLA. *ADDL. RESPONDENTS 14 TO 30 ARE IMPLEADED AS PER ORDER DATED 24/04/2009 IN I.A. NO.5337/09. **ADDL. RESPONDENTS 17, 18 AND 21 ARE REMOVED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DTD. 08/06/09 IN I.A. NO. 6648/09. R1 TO R6 & R8 BY GOVT. PLEADER MR. P. NARAYANAN, R7 BY ADV. MR. MR.JOICE GEORGE, R10, R12, & R13 BY ADV. MR.JOBI JOSE KONDODY, R14, R15 & R22 BY ADV. MR.GEORGE SEBASTIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8452/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE `PATTAYAM' DTD. 04/11/1994 OF THE LAND OF THE PETITIONER ISSUED BY THE SPECIAL TAHAZILDAR LAND ASSIGNMENT. EXT.P.2: COPY OF THE REGISTRATION CERTIFICATE DTD. 19/05/1999. EXT.P.3: COPY OF THE REPRESENTATION DTD. 07/02/2009 SUBMITTED BY THE PETITIONER AND 70 OTHERS BEFORE THE R.3. WITH COPIES TO RESPONDENTS 4 TO 8. EXT.P.4: COPY OF THE REPRESENTATION DTD. 02/03/2009 BEFORE THE R.2. EXT.P.5: COPY OF THE RECEIPT DTD. 02/03/2009 ISSUED BY THE R.2. EXT.P.6: COPY OF THE REPORT DTD. 19/02/2009 ISSUED BY THE R.6 TO TO THE R.5. EXT.P.7: COPY OF THE REPORT DTD. 27/02/2009 FILED BY THE R.7 TO THE R.3. EXT.P.8: COPY OF THE LETTER DTD. 03/03/2009 ISSUED BY THE R.8 TO THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R10.A: COPY OF THE QUARRYING PERMIT GRANTED BY THE R.2. TO THE R.10 DTD. 02/02/2009 VALID UPTO 20/03/2009. EXT.R10.B: COPY OF THE QUARRYING PERMIT DTD. 28/01/2009 ISSUED BY THE R.2. TO THE 13TH RESPONDENT WHICH IS VALID UPTO 27/03/2009. EXT.R10.C: COPY OF THE SKETCH AND PLAN AND POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER,CHAKKUPALLAM DTD. 16/04/2007. EXT.R10.D: COPY OF THE SKETCH AND PLAN ISSUED BY THE R.6 TO THE R.13. EXT.R10.E: COPY OF THE FINAL REPORT FILED BY THE PALA POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, PALA. EXT.R10.F: COPY OF THE ORDER DTD. 20/05/2009 ISSUED BY THE R.2. TO THE R.10. //TRUE COPY// P.A. TO JUDGE. Prv. V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 8452 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2009 J U D G M E N T Petitioner is a farmer having an extent of 149.90 Ares of land in different survey numbers in Anakkara Village, Idukki District. He holds some wet land which is used for paddy cultivation. He had approached this court, complaining of unauthorized mining of sand from paddy field and wet land in Anakkara and Chakkupallam Villages in Idukki District. 2. Subsequent to the filing of the writ petition additional respondents 14 to 30, were impleaded on the allegation that they are also indulging in unauthorized mining of sand from paddy fields and wet land. 3. A counter affidavit has been filed by the second respondent, Geologist. Respondent 10to 13 have also filed a Counter Affidavit. According to them they are mining sand only from dry lands, on the strength of the WPC.No. 8452 OF 2009 : 2 : permit issued in this behalf by the Geologist. 4. Section 11 of the Kerala Conservation of Paddy lands and Wet lands Act read as follows: 11. Prohibition on reclamation of wetland:- On and from the date of commencement of this Act, the wetlands of the State shall be maintained as such and there shall be a total prohibition on reclamation of such wetland and removal of sand therefrom: Provided that nothing contained in this section shall effect the removal of slurry and mud to maintain the ecological condition of such wetland. 5. In so far as mining sand from paddy lands are concerned, though the aforementioned Act does not bring about a complete prohibition of sand from paddy fields, it cannot be done except on the strength of a specific permission granted in that behalf by the competent authority. Obviously, the revenue Divisional Officer cannot grant permit to dig sand from paddy lands except for specified purpose. It shall not be granted to enable the holder of the land or the applicant to Commercially exploit the same. The features highlighted by the WPC.No. 8452 OF 2009 : 3 : petitioner requires emergent and serious consideration by the Revenue Divisional Officer. He shall therefore cause an enquiry tobe conducted as to whether there is removal of sand from Paddy land or wet land by any of the respondents or any other person, within his jurisdiction. If he finds that sand is being removed from wet land he shall proceed to take action as contemplated by Section 23 of the Act. By filing a report stating that an offence has been committed by the concerned person as contemplated by Section 23 and 25 of the Act. He shall also take action to see that no sand is removed from paddy land except that an authority granted on that behalf by an officer not below the rank of the Revenue Divisional Officer and that only for an appropriate utilisation of the land for any commercial exploitation. 6. Learned counsel for the petitioner submits that the respondents 1 to 6 had prohibited the use of Motor pumbs for sand mining. Learned Government Pleader WPC.No. 8452 OF 2009 : 4 : submits that use for sand mining has been completely prohibited. The Revenue Divisional Officer shall ensure them such prohibition enforced strictly. Learned counsel for respondents 10 to 13 refers to R10(f) and point out that their application for renewal of permit granted directing the pendency of the writ petition. Needful shall be done within one month from the date of receipt of a copy of this judgment. 7. Now the writ petition is disposed of. Application for renewal shall be considered in accordance with law. Writ petition is disposed as above. (V.GIRI, JUDGE) jma