IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 31018 of 2011(B) ------------------------------ PETITIONER(S) : --------------------- GEORGE A.J., AGED 38 YEARS, S/O. JOSEPH, EDASSERY HOUSE, CHEMMANATHU KARA, VAIKOM, KOTTAYAM, PRESIDENT, VAZHAMANA SOUTH, NELLULPADAKA SAMITHI. BY ADVS. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S) : ------------------------ 1. THE DISTRICT COLLECTOR, KOTTAYAM - 686 002. 2. THE REVENUE DIVISIONAL OFFICER, MINI CIVIL STATION, KOTTAYAM - 686 001. 3. THE TAHSILDAR, TALUK OFFICE, VAIKOM- 686 602. 4. THE CIRCLE INSPECTOR OF POLICE, VAIKOM-686 602. 5. THE PRESIDENT, UDAYANAPURAM PANCHAYATH, PIN-686 613. * ADDL. R6 TO R11 IMPLEADED 6. SHAN, S/O.CHELLAPPAN, KAREETHARA HOUSE, THEKKENADA P.O., VASHAVANA, VAIKOM - 686141. 7. SUBHASH, S/O.DESAN, AATTUPURAM HOUSE, THEKKENADA P.O., KODIYADU, VAIKOM - 686 141. 8. RAJESH, S/O.MOHANAN, VENDISSERY HOUSE, THEKKENADA P.O., ARATTUKULANGARA, VAIKOM - 686 141. CONTD..2/ AMV WPC NO.31018/2011 (B) : 2 : 9. SAJEEVAN, S/O.KUNJUKUNJU, NADUTHATTIL HOUSE, THEKKENADA P.O., KODIYADU, VAIKOM - 686 141. 10. JAYAN, POOTHARA HOUSE, PADINJARAKARA P.O., VALLAKAM, PIN - 686 146. 11. GEORGE, S/O.KUNJU, PUTHETHUKUNNEL, PADINJARAKKARA P.O., VALLAKAM, PIN 686 146. * ADDITIONAL RESPONDENTS R6 TO R11 ARE IMPLEADED AS PER ORDER DATED 30.11.2011 IN I.A. 19037/11 R1 TO R4 BY ADVS.SRI.JOSEPH, GOVT. PLEADER SRI.K.ANAND FOR R6&9 SRI.PRADEESH CHACKO FOR R6 &9 SRI.T.T.RAKESH FOR R7,8 & 10 SRI.MOHAN IDICULLA ABRAHAM FOR R11 SRI.MARTIN D.ALUMKARA FOR R11 SMT.R.RAJASREE (CHUTTIMATTATHIL) FOR R11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV CONTD...3/- : 3 : WPC NO.31018 OF 2011 (B) APPENDIX PETITIONER(S) EXHIBITS : P1. : COPY OF PHOTOGRAPHS SHOWING AFTERMATH OF SAND MINING. P2. : COPY OF THE REPRESENTATION AND THE FORWARDING NOTE DATED 05.05.2011. P3. : COPY OF THE INFORMATION OBTAINED UNDER RIGHT TO INFORMATION ACT. P4. : COPY OF THE INFORMATION LETTER DTD: 16.09.2011. P5. : COPY OF THE REQUEST LETTER AND FORWARDING NOTE DTD: 30.09.2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 31018 of 2011 B ``````````````````````````````````````````````````````````` Dated this the 16th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ In the light of the letter dated 08.12.2011 received from the third respondent indicating that the area in relation to which this writ petition is filed falls within the jurisdiction of the Revenue Divisional Officer, Pala, the address of the second respondent is deleted from the party array and the Revenue Divisional Officer, Pala is suo motu substituted in its place and learned Government Pleader takes notice for him. 2. Prayers sought for in the writ petition read as under:- “(i) Issue a writ of mandamus or any appropriate writ, order or direction, directing the respondents to ensure that no illegal sand mining is being conducted in Vazhamana South Padasekharam of Udayanapuram Panchayat. W.P.(C) No.31018/2011 : 2 : (ii) Issue a writ of mandamus or any appropriate writ, order or direction, directing the respondents to conduct an enquiry into the illegal sand mining in Vazhamana South Padasekharam of Udayanapuram Panchayat and to proceed against them under the Kerala Conservation of Paddy Land and Wet Land Act, 2008.” 3. Thus, what is sought for by the petitioner is essentially prevention of illegal sand mining in the area in question. When the matter was taken up, respective counsel appearing for additional respondents 7, 8, 10 and 11 submitted before this Court that their clients are not engaged in any sand mining. This submission is recorded. However, counsel appearing for additional respondent No.6 sought for time for filing counter affidavit. 4. As already noticed above, from the prayers sought in the writ petition, it can be seen that what is sought for by the petitioner is not against legitimate sand mining but, is only against illegal sand mining. Although respondents 7, 8, 10 W.P.(C) No.31018/2011 : 3 : and 11 are not engaged in any sand mining at all, even if additional respondent No.6 is engaged in sand mining, he can have no right to resort to any illegal sand mining. 5. In such circumstances, while I record the submission made on behalf of the counsel for additional respondents 7, 8, 10 and 11, I direct that the authorities, including respondents 1 to 4, shall prevent illegal sand mining, if any, in Vazhamana South Padasekharam of Udayanapuram Panchayat. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/16/12 // True Copy // P.A. To Judge