IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 28117 of 2006(S) -------------------------------------- PETITIONER(S): ------------------------ M.K.BASHEER, PALAKKATTUKUZHIYIL HOUSE, P.O.VAZHAYOOR, (VIA) RAMANATTUKARA, MALAPPURAM DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EXPERT COMMITTEE, MALAPPURAM, REPRESENTED BY ITS CHAIRPERSON, THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM. 3. VAZHAKKADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O.VAZHAKKADU, (VIA) KONDOTTY, MALAPPURAM-673 640. GOVERNMENT PLEADER SMT.K.MEERA FOR R1 SRI.M.A.MANHU FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28117/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR B-8-29260/03 DT. 3.1.04 THROUGH WHICH THE SANCITON FOR KADAVUS IN MALAPPURAM DISTRICT FOR JANUARY 2004. P2;- COPY OF THE PROCEEDINGS OF THE 2ND REPRESENTED DT. 7.12.05. P3:- COPY OF THE PROCEEDINGS OF THE 2ND REPS DT. 5.10.06. P4:- COPY OF THE LAWYERS NOTICE, DT. 28.9.06. P5:- COPY OF THE SHOWING THE MINING OF SAND BY POLL SCOOPING WITHIN THE PROHIBITED DISTANCE FROM THE KAVANAKKALLU BRIDGE. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE PARTLY DEMOLISHED NORTHERN BOUNDARY WALL OF THE PROPERTY OF SHRI.P.ISMAIL, PETITION IN WP(C) 26014/06. R3(b):- COPY OF THE PHOTO OF THE GATE WITH LOCK AND KEY OF THE FRONT GATE OF THE PROPERTY OF SHRI.P.ISMAIL. R3(c):- COPY OF THE F.I.R. NO. CRIME NO.173/06 OF VAZHAKKAD POLICE STATION REGISTERED AGAINST SHRI.P.ISMAIL. R3(d):- COPY OF THE NOTICE DT. 15.9.06 ISSUED BY THE DISTRICT COLLECTOR TO THE SECRETARY, VAZHAKKAD PANCHAYATH. R3(e):- COPY OF THE REPORT WITH PHOTO OF THE SITE AND GATE OF SHRI.P.ISMAIL APPEARED IN MADHYAMAM DAILY DT. 10.11.06. /TRUE COPY/ P.S. TO JUDGE tss J.B. Koshy,Ag.C.J. & P.R.Ramachandra Menon, J. -------------------------------------- W.P.(C) No. 28117 of 2006 - S --------------------------------------- Dated this the 6th day of January, 2009 Judgment Koshy,Ag.C.J. This petition is filed contending that illicit and uncontrolled sand mining is carried on in Vazhakkad panchayat on the side of Chaliyar river. It is also submitted that sand mining should be prohibited within one kilometre from the bridges, pump houses, irrigation and drinking water supply projects. Uncontrolled sand mining is a menace to the public. It is submitted by the third respondent that petitioner is not a resident of that panchayat and he is actually siding with illegal sand mining. We are not going into that question here. The panchayat as well as the District Collector should see that no sand mining is done within the prohibited distance from Kavanakkal Regulator-cum-bridge and no kadavu should be permitted in that prohibited area and illegal sand mining is not done. Strict action should be taken as it will affect the safety of the bridge also apart from environmental problems. The District Collector is not made as a party, but, District Expert committee is made as a party which is represented by its Chairperson, the District W.P.(C) No. 28117/2006 2 Collector. The District Collector should see that Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 is strictly complied with and all steps should be taken to prohibit illegal sand mining in unauthorised kadavus. The writ petition is disposed of. J.B.Koshy Acting Chief Justice P.R.Ramachandra Menon Judge vaa W.P.(C) No. 28117/2006 3 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.P.(C)No.28117/2006 ------------------------------------- Judgment Date:6th January, 2009