IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 3771 of 2008(Y) ------------------------- PETITIONERS: ------------ 1. AKBAR, AGED 56 YEARS, S/O. MADHAVAN, KAREPARAMBIL HOUSE, OORAKAM, THRISSUR DISTRICT. 2. K. RADHAKRISHNAN, KORAMBATH HOUSE, OORAKAM, THRISSUR DISTRICT. 3. K.K. SHAMSU, S/O. KUNJUMOIDEEN, KARAYIL HOUSE, PANAMKULAM, THRISSUR DISTRICT. 4. K.K. THILAKAN, KOTTICHAL HOUSE, MULANGU, THOTTIPPAL, THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------- 1. THE SUB DIVISIONAL MAGISTRATE, THRISSUR. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. TAHSILDAR, TALUK OFFICE, THRISSUR. WPC 3771/08 -2- 5. CIRCLE INSPECTOR OF POLICE, THRISSUR. 6. VALLACHIRA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VALLACHIRA, THRISSUR DISTRICT. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 3771 OF 2008 - Y = = = = = = = = = = = = = = Dated this the 11th February, 2008 J U D G M E N T Petitioners seek a direction to the respondents not to detain their vehicles carrying ordinary earth belonging to the petitioners under the guise of Ext. P6 order. Ext. P6 is an order passed by the 1st respondent, exercising his power under Section 133 and 141 of Cr.P.C. Temporary prohibition restricting all types of unauthorised mining of ordinary sand in Vallachira Grama Panchayat was ordered by Ext. P6. Petitioners are lorry owners and submit that the vehicles should not be detained on the strength of Ext. P6. 2. On instruction, the learned Govt. Pleader submits that indiscriminate sand mining is going on in Vallachira Grama Panchayat area. The residents of the area have lodged complaints to the 1st respondent and the Grama Panchayat also has passed resolution against this indiscriminate sand mining affecting the ecology of the area. Finally as all the efforts failed they approached the 1st respondent and the 1st respondent issued Ext. P6 which is W.P.(C) No. 3771 OF 2008 - 2 - purely a temporary one. It is also stated that the proceedings are pending before the 1st respondent. 3. Having considered the matter in its entirety I feel that Ext. P6 is to be upheld for the reason that the purpose of Ext. P6 is to prevent indiscriminate sand mining affecting the ecology. I also notice that the local residents have lodged complaints against what is going on in their neighbourhood and the Panchayat has passed resolutions. It is therefore to serve the public purpose of maintaining the ecological balance that Ext. P6 has been passed. Under the guise of the petitioners' right to operate their vehicles,they filed this Writ Petition to upset Ext.P6. That will, if permitted, have a devastating effect on the ecology of the area, which I am not inclined to permit. In my view, if the petitioners are aggrieved by Ext.P6, it is open to them to get themselves impleaded in the proceedings mentioned in Ext.P6 and seek variation thereof. With that liberty, I dismiss this Writ Petition. ANTONY DOMINIC JUDGE jan/-