IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 15251 of 2010(F) -------------------------- PETITIONER(S): --------------- R.VIJAYAN, S/O.RAGHAVAN PILLAI, KAVARA, MULAVANA, KUNDARA, KOLLAM. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 3. TAHSILDAR, KOLLAM. 4. THE SENIOR GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, KOLLAM. 5. SMT.STELLA, W/O.JOHNY, KUTTIPPURATH HOUSE, PO KUNDARA, PIN-691 501. 6. JOHNY, S/O.JOSEPH HOUSE, P.O.KUNDARA, PIN-691 501. ADV. SRI.B.MOHANLAL FOR R5-6 SRI.C.SINOY FOR R5-6 GOVT. PLEADER SHRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 15251/10. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE SALE DEED. P2. COPY OF THE PROPERTY TAX RECEIPT. P3. COPY OF THE PETITION DTD.3.5.10. P4. COPY OF THE PETITION DTD.7.3.2010. P5. COPY OF THE PETITION DTD.5.5.10. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 15251 of 2010 ================== Dated this the 12th day of August, 2010 J U D G M E N T The petitioner's grievance in this writ petition is that respondents 5 and 6 are mining sand from the property adjacent to the petitioner's property illegally without permission. Therefore, the petitioner filed Ext.P3 petition before the District Collector, who, by endorsement thereon, directed the Tahshidar, Kollam, to stop removal of earth if illegally done. The petitioner filed this writ petition complaining that that order is not being complied with by respondents 1 to 4. The petitioner, therefore, seeks the following reliefs; “i) issue a writ of mandamus or any other writ order or direction directing the 1 to 4 (sic) to take appropriate legal action against Respondents 5 and 6 for excavating and extracting ordinary sand from property in survey nos.473/15/2-06, 473/14 and 473/5/3 of Muthuvana village illegally and in violation of prohibitory orders: ii) issue a writ of mandamus or any other writ order or direction directing the Respondents 1 to 4 to prevent illegal extraction of ordinary sand by Respondents 5 and 6 in large scale in Mulavana village causing damage to environment and ecology.” 2. Respondents 5 and 6 have filed a counter affidavit taking the contention that in view of Ext.R6(a) order of the Government, there cannot be any illegality in their action in removing sand. 3. Having heard both sides, I am of opinion that the District Collector shall pass an order on Ext.P3 after affording an opportunity of being heard to the petitioner as well as respondents 5 and 6. w.p.c.15251/10 2 Accordingly, this writ petition is disposed of with a direction to the 1st respondent-District Collector to consider and pass orders on Ext.P3 after affording an opportunity of being heard to the petitioner and respondents 5 and 6, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till orders are thus passed, respondents 5 and 6 shall not undertake any mining activities in the property in question. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge