IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27555 of 2011(T) ----------------------------------------- PETITIONER(S): ------------------------ 1. THE SWATHANTRA THOZHILALI UNION(STU) THIRUNAVAYA PANCHAYATH COMMITTEE, P O THIRUNAVAYA-676301, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, TIRUR TALUK TIPPER-MINI LORRY OWNERS & DRIVERS ASSOCIATION, THIRUNAVAYA- PIN-676 301. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE, BY ADV. SMT.SMITHA GEORGE, SRI.S.M.PRASANTH. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT COLLECTOR, MALAPPURAM - PIN-676 505. 3. THE STATE HIGH LEVEL COMMITTEE, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. THE MALAPPURAM DISTRICT EXPERT LEVEL COMMITTEE REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM-676 505. 5. THE THIRUNAVAYA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THIRUNAVAYA, KUTTIPPURAM.P.O., MALAPPURAM DISTRICT-679 571. 6. THE KADAVU COMMITTEE, THIRUNAVAYA, REPRESENTED BY ITS CHAIRMAN, THE PRESIDENT, THIRUNAVAYA GRAMA PANCHAYAT, TIRUR TALUK, KUTTIPPURAM.P.O., MALAPPURAM-679 571. R1 TO R4 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27555/2011 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RESOLUTION DATED 1-12-2010 OF MEETING NO.3 OF THE THIRUNAVAYA GRAMA PANCHAYATH. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 20-4-2011 BY THE PETITIONER UNION BEFORE THE SECRETARY OF THE THIRUNAVAYA GRAMA PANCHAYATH. EXT.P3 TRUE COPY OF THE JUDGMENT DATED 8-8-2011 IN WPC NO.33386 OF 2010. EXT.P4 TRUE COPY OF THE CIRCULAR DATED 6-9-2011 ISSUED BY THE DISTRICT COLLECTOR, MALAPPURAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ================ W.P.(C) NO. 27555 OF 2011 ===================== Dated this the 19th day of October, 2011 J U D G M E N T The challenge in the writ petition is against Ext.P4 circular issued by the District Collector regulating distribution of sand by the local bodies within his jurisdiction. According to the learned senior counsel for the petitioners, the said order is bad for absence of power conferred on the District Collector. 2. However, what is noticed is that, in Ext.P3, the common judgment rendered by this Court in WP(C) No.28871/10 and connected cases, this Court issued general directions regulating distribution of sand and Ext.P4 order has been issued by the District Collector referring to Ext.P3 judgment. A reading of Ext.P4 would show that the directions issued by the District Collector are only for the implementation of the directions contained in Ext.P3 judgment. In that view of the matter, the acceptance of the contention of the petitioners would have the effect of nullifying the binding directions in Ext.P3 which are to be implemented by all concerned. Therefore, I am not persuaded to interfere. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp