IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 25625 of 2009(W) -------------------------- PETITIONERS: --------------- 1. N.SULAIMAN, SECRETARY, MANAL THOZHILALI UNION, ARAPPUZHA KADAVU, VAZHAYUR GRAMA PANCHAYAT, VAZHAYUR P.O. 2. K.AMARENDRAN, PRESIDENT, MANAL THOZHILALI UNION, ARAPPUZHA KADAVU, VAZHAYUR GRAMA PANCHAYAT, VAZHAYUR P.O. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 2. VAZHAYUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VAZHAYUR. 3. THE CHAIRMAN, DISTRICT EXPERT COMMITTEE, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.25625 of 2009-W ------------------------------ Dated this the 29th day of September, 2009. J U D G M E N T Heard Sri.R.Sudhissh, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for respondents 1 and 3 . 2. The petitioners are the Secretary and the President respectively of Manal Thozhilali Union of Arappuzha Kadavu situated on the banks of Chaliyar river. In this writ petition the petitioners challenge Ext.P3 letter sent by the District Collector, Malappuram to the first petitioner informing that removal of sand from the Arappuzha Kadavu cannot be permitted as requested by him. 3. The learned Government Pleader appearing for the respondents submits on instructions that the Kadavu from where the petitioners want to extract sand is situated within a distance of 15 meters from Arappuzah bridge and that there is statutory prohibition against removal of sand from the river bed within a distance of 500 meters from the bridge. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The Arappuzha kadavu is situated within a distance of 500 meters from the Arappuzha bridge. In such circumstances, the stand taken by the District Collector in Ext.P3 cannot said to be arbitrary or illegal. Further as Indian citizens the petitioners have a fundamental duty under Article 51A of the Constitution of India to protect and improve the natural environment including forests, lakes, rivers and wild life. The petitioners cannot be heard to contend that the District Collector should act in violation of the statutory provisions by permitting removal of sand from Arappuzha kadavu or permit the establishment of a kadavu within the prohibitory distance of 500 meters from the Arappuzha bridge. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. Sd/- P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge ab