IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25384 of 2011(S) -------------------------- PETITIONER: -------------- ASSOCIATION FOR ENVIRONMENTAL PROTECTION, REG.NP.E-249/86,HIGH ROAD,ALUVA-683 101 REP.BY ITS SECRETARY PROF.S.SEETHARAMAN. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT: --------------- STATE OF KERALA,REP.BY ITS CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM 695 001. BY SENIOR GOVT. PLEADER, SMT. K. MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25384 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE DECISION REPORTED IN ASSOCIATION FOR ENVIRONMENT PROTECTION V. STATE OF KERALA 2002(1) KLT 723. EXT.P2 : TRUE COPY OF THE KERALA PROTECTION OF RIVER BANKS AND REGULATION OF REMOVAL OF SAND (AMENDMENT) ORDINANCE, 2010, PUBLISHED IN THE KERALA GAZETTE NO.1622, DATED 17.07.2010. EXT.P3 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT, DATED 20.08.2011 ALONG WITH ENGLISH TRANSLATION. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25384 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2011 JUDGMENT J.Chelameswar, C.J. The writ petition is filed with the prayers as follows: “i. To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order in the nature of mandamus commanding the respondent to take immediate measures to ensure that the sand illegally mined is deposited back in the same river and not sold; ii. Such other reliefs which this Hon'ble Court deems fit and necessary in the circumstances of the case so as to protect the rivers of Kerala from excessive sand mining.” 2. Except bald, vague and general allegations to the effect that illegal sand mining is going on in the State of Kerala from all the rivers resulting in adverse effects on ecology, no specific instance as to where such illegal mining is going on or what is the nature of illegality or who is responsible for such illegal mining is mentioned in the writ petition. In order to demonstrate the vagueness of the pleadings, we extract the crux of the writ petition, (i.e. paragraphs 7, 8 and 9 of the writ petition) which read as follows: W.P.(C) No. 25384 of 2011 -:2:- “7. There are 44 (forty four) rivers in Kerala and the Keralities depend on the said rivers for their drinking water needs. Since the state is very near to the coastal areas, if excess sand mined is not deposited and the sand bed is replenished it will lead to salinity intrusion. The lowering of river bed is one of he main problems which will adversely affect the river ecology. Pointing out the adverse effects of the illegal sand mining from the rivers and the consequences of non-deposit of illegally sand mined back in the river, this petitioner has sent a detailed representation to the Government. A true photostat copy of the said representation filed by the petitioner before the respondent dated 20th August, 2011 is produced herewith and marked as Exhibit.P3. 8. The river ecology is being spoiled by the illegal sand mining. The people are incapacitated to take bath in view of the excessive sand mining from the bathing ghats. Several persons have been trapped in these death holes. The river ecology has adversely affected due to slumping of river bed due to excessive sand mining. In order to keep the river ecology it is essential hat the illegally mined sand to be deposited back in the river and its compliance to should be ensured. 9. Therefore in the above circumstances in the interest of public this petitioner has no other remedy than to invoke this Court's extraordinary jurisdiction under Article 226 of the Constitution of India on the following among other grounds.” W.P.(C) No. 25384 of 2011 -:3:- 3. The abovementioned pleadings with omnibus prayers which are extracted, in our view, makes it imperative for this Court to dismiss the writ petition as an abuse of the process of this Court. The Writ Petition is dismissed at the admission stage. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb