IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Con.Case(C).No. 1529 of 2009(S) ------------------------------- AGAINST THE ORDER IN WPC.26515/2009 Dated 22/09/2009 .................... PETITIONER: --------------- KOVUMMAL KORAN, S/O.CHATHUKUTTY, AGED 63 YEARS, MANNANKAVU P.O., NEDUVANNOOR VIA, CALICUT - 673 614. BY ADV. SRI.V.V.ASOKAN SRI.K.S.SAJEEV KUMAR RESPONDENT(S): --------------- 1. T.V.SALIM, AGE AND FATHER'S NAME NOT KNOWN THE DISTRICT COLLECTOR, KOZHIKODE. 2. N.RAJAN, AGE AND FATHER'S NAME NOT KNOWN THE TAHSILDAR, KOYILANDY TALUK, KOZHIKODE. 3. O.MANOJ, AGE AND FATHER'S NAME NOT KNOWN THE SECRETARY, ULLIYERI GRAMA PANCHAYATH, ULLIYERI P.O., KOZHIKODE. GOVERNMENT PLEADER SHRI P.M.MANOJ THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN COC.1529/09 PETITIONERS ANNEXURES: ANNEXURE A: COPY OF PROCEEDINGS OF THE DISTRICT COLLECTOR, KOZHIKODE DT.23.10.07. ANNEXURE B: COPY OF ORDER IN W.P.(C)NO.26515/09 DT.22.9.09. ANNEXURE C: COPY OF REPRESENTATION FILED BY THE PETITIONER TO THE 3RD RESPONDENT DT.11.12.09. ANNEXURE D: COPY OF NEWS REPORT APPEARED IN MALAYALA MANORAMA DT.15.12.09. ANNEXURE E: COPY OF FEW PHOTOGRAPHS EVIDENCING THE UNAUTHORISED EXTRACITONOF RIVER SAND BY THE WORKERS FROM RAMAN PUZHA. TRUE COPY P.A.TO JUDGE dsn P.N.RAVINDRAN, J. --------------------------- Cont. Case (C) No. 1529 OF 2009 -------------------------- Dated this the 1st day of September, 2011 J U D G M E N T This contempt case is filed alleging that the respondents herein have willfully disobeyed Annexure B interim order passed by this Court by not ensuring that the Ulliyeri Grama Panchayat extracts river sand only from the 'Kadavus” mentioned in Ext.P1 proceedings or if it has been revised only from the 'Kadavus' mentioned in the revised proceedings. The first respondent has filed a counter affidavit dated 18.8.2011. Paragraphs 3 to 6 thereof read as follows: “3. The above mentioned interim order produced by the petitioner to the office of the District Collector on 1.10.2009. In compliance of the said interim order necessary direction has been given to the Secretary, Ulliyeri Grama Panchayat to comply the orders of the Hon'ble Court and to report the action taken against the illegal sand mining. The 2nd respondent the Tahsildar, Koyilandi has also ordered direction to the Secretary, Ulliyeri Grama Panchayat to stop sand mining from Kavummal kadavu mentioned in the Writ Petition and to report the compliance. 4. In response to that the Secretary, Ulliyeri Grama Panchayat has reported that stringent direction has been given to the sand mining workers of the above area against the illegal sand mining and identity cards were issued to the sand mining workers to prevent the illegal mining. The Secretary has also reported that sand mining from Kanayankottu Kadavu and Chittarikkadavu is operating @ 500 per ton per month as directed by the District Collector in Ext.P1 order. COC No.1529/2009 2 5. The Secretary, Ulliyeri Grama Panchayat further reported that the petitioner has submitted a petition before the Hon'ble Ombudsman, Thiruvananthapuram vide complaint No.199/10 and by order dated 27.9.2009 the Ombudsman directed the Secretary to take stringent action against the illegal sand mining and to ensure no further complaint with regard to the illegal sand mining. 6. In the light of the direction of this Hon'ble Court as well as the direction of the Hon'ble Ombudsman a Revenue Special Squads was formed by the Tahsildar, Koyilandi and inspected the site several time to stop illegal mining and seized equipments like buckets and Urbana and also keeping strict vigilance in the area to obey the direction of the Hon'ble Court. Hence it is submitted that there is no wilful disobedience or dis-regard as occurred from the part of this respondent or also there is no wilful delay or laches is occurred in complying the direction of this Hon'ble Court. All possible steps are being taken by this respondent to comply the order. Hence no illegal sand mining is reported from the above mentioned kadavus. Under the circumstances, there is no element of contempt exist and this Hon'ble Court may be pleased to drop the contempt proceedings initiated against this respondent.” From a reading of the affidavit filed by the first respondent, it is evident that the respondents have taken all possible measures to ensure that the interim order of this Court is complied with. I therefore find no grounds to proceed further with this contempt case. It is accordingly closed. P.N.RAVINDRAN, (JUDGE) vps COC No.1529/2009 3