IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 8180 of 2007(W) ------------------------------------- PETITIONER(S): ---------------------- KUZHICHALIL PUTHIYAPURAYIL MUHAMMED KUNHI, S/O.HAMSA, CHAMBOL VALAPPIL HOUSE, CHOOLIYAD, KANNUR DISTRICT. BY ADV. SMT.K.K.CHANDRALEKHA MR.SUDHEESH THAROL RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR DISTRICT. 3. GEOLOGIST, MINING AND GEOLOGY DEPARTMENT CIVIL STATION, KANNUR. 4. DIVISIONAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DIVISIONAL OFFICE PAYYANNUR, KANNUR DISTRICT. 5. MALAPPATTAM GRAMA PANCHAYATH, MALAPPATTAM, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR. R4 BY ADV. MR.M.K. CHANDRAMOHAN DAS, SC, PCB. R5 BY ADV. MR.P.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8180/2007-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT MADE BY THE PETITIONER TO THE RESPONDENTS. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 8180 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd July, 2009. J U D G M E N T The petitioner claims to be an Indian citizen and an inhabitant of Chooliyad, Malappattam Panchayat in Kannur District. He is aggrieved by an alleged illegal sand mining from the Irrikur river. The contention of the petitioner is that the sand mining done by the 5th respondent is unscientific and is causing serious damage to the ecology of the area as also fresh water availability of the inhabitants nearby. The petitioner therefore seeks the following reliefs: “(i) to issue a writ of mandamus or other writ, direction or order commanding the respondents 1 to 5 to take expeditious steps to stop the illegal sand mining Chooliyad Kadavu, Malappath. (ii) issue a writ of mandamus or any other writ, direction or order commanding the 5th respondent no to issue permit for sand mining in the Chooliyad Kadavu without conducting a detail study by a competent authority about the environmental impact. (iii) issue a writ of mandamus or any other writ, direction or order commanding the 2nd and 5th respondent to take immediate steps to preserve the Kadavu and protect the same from further sand mining.” 2. The 3rd respondent has filed a counter affidavit, in which it is stated thus: “2. It is submitted that the sand mining in Chooliyad kadavu of Malapattam Panchayat is as per the norms and hence not illegal. The sand mining in the kadavu does not cause environmental pollutions. It is submitted that the Kadavu Committee convened by the Panchayat Secretary is supervising thoroughly not to excavate more than the allowed quantity in the Chooliyad Kadavu of Malappattam Panchayat. The inspection has revealed that the sand mining is carried out at a distance of more than 500 mts. away from the newly constructing bridge. The mosque mentioned in the petition is more than 50 meters away from the Kadavu and hence no damage is possible by the alleged sand mining to the said mosque. 3. On inspection, it is revealed that no illegal sand mining W.P.C. No. 8180/07 -: 2 :- activities are carried out in Chooliyad Kadavu. It is submitted that the collapse of the well of Sri. C.P. Kunhathu has occurred as a general phenomena in rainy season and need not be on the basis of sand mining in this Kadavu. It is to be noted that there are number of other wells within a distance of 20 metres in the said area which have not been affected. The inspection conducted in this site by the 3rd respondent has revealed that there are no environmental impact as a result of sand mining. It is submitted that no lapse has occurred on the part of the 3rd respondent. Frequent inspections are being conducted by the 3rd respondent in Chooliyad Kadavu of Malappattam Panchayat.” 3. The Pollution Control Board has filed a statement thus: “It is submitted that the Board has not issued any clearance for sand mining and is not the authority to issue any such licenses. The Board inspected the alleged site on 29-03-2007 and understood that the 5th respondent had given permission to mine sand beyond 200 K.M of the new bridge at Chooliyad Kadavu. No sand mining was found carried out at the time of inspection. It is understood from the local people that there are no chances for water pollution in the river since the lorries are not being taken too much interior of the river.” 4. The petitioner has not chosen to file any reply affidavit. In view of the averments in the counter affidavit, I do not think that any further action is necessary in this writ petition. Accordingly, the writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.