IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 4877 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------- 1. AUGUSTINE.P.J, AGED 74 YEARS,S/O.JOSEPH, PUTHUMANAMOOZHIYIL HOUSE, PUNNATHARA WEST(PO), ETTUMANOOR, KOTTAYAM. 2. JOSEPH MALIYIL, AGED 78 YEARS, S/O.THOMAS, KANNANGAL HOUSE, P.O.AYARKUNNAM, KOTTAYAM. 3. C.V.DEVASSIA, AGED 78 YEARS,S/O.VARKEY, CHATHIMATTATHIL HOUSE,PUNNATHARA EAST.P.O, KIDAGOOR, KOTTAYAM. 4. M.C.CHACKO, AGED 80 YEARS, S/O.CHACKO, MALAYATHIRUTHI HOUSE, PUNNATHARA EAST.P.O, KIDAGOOR, KOTTAYAM. 5. M.C.VARKEY, AGED 78 YEARS, S/O.CHACKO, MALAYATHIRUTHIL HOUSE, PUNNATHARA EAST.P.O, KIDAGOOR, KOTTAYAM. 6. V.C.SUKUMARAN, AGED 71 YEARS,S/O.CHENNAN, VADAKKANATTU HOUSE, PUNNATHARA EAST.P.O, KIDAGOOR, KOTTAYAM. 7. RAJUKUTTAN.V.K, AGED 42 YEARS,S/O.KONTHI, VADAKKANATTU HOUSE, PUNNATHARA EAST.PO, KIDAGOOR, KOTTAYAM. 8. P.J.JOHN, AGED 58 YEARS,S/O.JOSEPH, PANDARAMALIL HOUSE, PUNNATHARA EAST.PO,KIDAGOOR, KOTTAYAM. 9. P.J.MATHEW, AGED 73 YEARS, S/O.JOSEPH, PANDARAMALIL HOUSE, PUNNATHARA EAST.PO,KIDAGOOR, KOTTAYAM. Kss ..2/- ....2..... WPC.NO.4877/2009 E 10. LIJU TOM, AGED 4O YEARS,S/O.THOMAS, NILAPPANA HOUSE, PUNNATHARA EAST.P.O,KIDAGOOR, KOTTAYAM. 11. JOSEPH MATHEW, AGED 55 YEARS,S/O.,MATHEW, VAITHUNDATHIL HOUSE, PUNNATHARA WEST.PO, ETTUMANOOR, KOTTAYAM. 12. JOSE THOMAS, AGED 40 YEARS,S/O.THOMAS, ANANTHA MANDIRAM, PUNNATHARA WEST.P.O, ETTUMANNOOR KOTTAYAM. 13. JAMES JOHN, AGED 48 YEARS, S/O.JOHN, ANIKKAMATTATHIL HOUSE,PUNNATHARA WEST.PO, ETTUMANNOOR, KOTTAYAM. 14. K.C.ELIKUTTY, AGED 83 YEARS, D/O.CHACKO, KARAPPALLIL HOUSE, PUNNATHARA WEST.PO, ETTUMANNOR, KOTTAYAM. 15. SCARIA THOMAS, AGED 40 YEARS, S/O.THOMAS, ANANTHA MINDIRAM,PUNNATHURA WEST.PO, ETTUMANOOR, KOTTAYAM. 16. SABU JOHN, AGED 46 YEARS,S/O.JOHN, ANIKKAMATTATHIL HOUSE, PUNNATHARA WEST.PO, ETTUMANNOOR, KOTTAYAM. 17. JOY.K.D, AGED 59 YEARS, S/O.DEVASSIA, KARAKKUTTAYIL HOUSE, PUNNATHARA WEST.P.O, ETTUMANOOR, KOTTAYAM. 18. C.K.MURALEEDHARAN, AGED 50 YEARS, S/O.KESAVAN NAIR, CHENATTU HOUSE, PUNNATHARA WEST.P.O, ETTUMANOOR, KOTTAYAM. 19. THULASIDEVI.C.K, AGED 55 YEARS, D/O.KESAVAN NAIR,CHENATTU HOUSE, PUNNATHARA WEST PO, ETTUMANNOOR, KOTTAYAM. BY ADVS. MR.JOHN JOSEPH VETTIKAD, MR.C.JOSEPH JOHNY Kss ..3/- .3.... WPC.NO.4877/2009 E RESPONDENT(S): ---------------------------- 1. THE LAND REVENUE COMMISSIONER,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,COLLECTORATE, KOTTAYAM. 3. THE REVENUE DIVISIONAL OFFICER AND SUB- DIVISIONAL MAGISTRATE,MINI CIVIL STATION, KOTTAYAM. 4. THE TAHSILDAR, MINI CIVIL STATION, KOTTAYAM. 5. THE DISTRICT GEOLOGIST,COLLECTORATE, KOTTAYAM. 6. THE DEPUTY DIRECTOR OF PANCHAYATH, COLLECTORATE, KOTTAYAM. 7. THE DISTRICT SUPERINTENDENT OF POLICE, COLLECTORATE, KOTTAYAM. 8. THE DEPUTY SUPERINTENDENT OF POLICE, COLLECTORATE, KOTTAYAM. 9. THE CIRCLE INSPECTOR OF POLICE,KOTTAYAM EAST, KOTTAYAM. 10. THE CIRCLE INSPECTOR OF POLLICE, ETTUMANOOR, KOTTAYAM. 11. THE SUB INSPECTOR OF POLICE, POLICE STATION, AYARKUNNAM. 12. THE SUB INSPECTOR OF POLICE, POLICE STATION, ETTUMANOOR. 13. THE VILLAGE OFFICER, PEROOR VILLAGE OFFICE, P.O.PEROOR. Kss ..4/- ..4.... WPC.NO.4877/2009 E 14. THE VILLAGE OFFICER,AYARKUNNAM VILLAGE, P.O.ETTUMANOOR. 15. THE SECRETARY,ETTUMANOOR GRAMA PANCHAYATH, P.O. ETTUMANNOOR. 16. THE SECRETARY,AYARKUNNAM GRAMA PANCHAYAT. P.O.AYARKUNNAM. 17. THOMAS, AGED ABOUT 60 YEARS,S/O.CHACKO, MOOZHICKAL HOUSE,ARUMANOOR.P.O,AYARKUNNAM, KOTTAYAM. 18. JOHNSON, AGED ABOUT 48 YEARS,S/O.CHANDI, KOTTATHIL HOUSE, ARUMANOOR.P.O, AYARKUNNAM, KOTTAYAM. 19. ANIYAN PILLAI, AGED 62 YEARS, KULATHOOR HOUSE, ARUMANOOR.P.O,KOTTAYAM. 20. BITTOMY, AGED ABOUT 37 YEARS,S/O.JOSEPH, MANICHIRA HOUSE, ARUMANOOR.P.O, ARAYKUNNAM, KOTTAYAM. 21. ANIL, AGED ABOUT 47 YEARS,S/O.GOVINDA PILLA KRISHNAPILLAI, NETTIVELITHARA HOUSE, PUNNATHURA WEST.P.O, KOTTAYAM. BY GOVERNMENT PLEADER MR. M.A.ASIF R15 BY ADV.MR.S.RADHAKRISHNAN R17 & R18 BY ADVS.MR.SAJJU.S., MR.K.S.MURALIKRISHNAN NAIR. R20 BY ADV. MR.JOSE J.MATHAIKAL R19 & R21 BY ADVS.MR.SAJJU.S, SMT.LALY.M.BASHEER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4877/2009 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. P2: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. P3: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. P4: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT. P5: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT. P6: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 7TH RESPONDENT. P7: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 8TH RESPONDENT. P8: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 9TH RESPONDENT. P9: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 10TH RESPONDENT. P10: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 11TH RESPONDENT. P11: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 12TH RESPONDENT. P12: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 13TH RESPONDENT. P13: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 14TH RESPONDENT. P14: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 15TH RESPONDENT. P15: COPY OF THE REPRESENTATION DTD. 11/08/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 16TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J. --------------------------- W.P.(C)NO.4877 OF 2009 ------------------------------ Dated this the 23rd day of May, 2009 JUDGMENT Petitioners, who are residing in the banks of Meenachil river where it passes through Ayarkunnam and Ettumanoor, have approached this Court complaining about indiscriminate and unauthorized removal of sand from the Meenachil river in the Ettumannor and Ayarkunnam Panchayat areas. Following reliefs are prayed for by the petitioners. i. issue a writ of mandamus or other appropriate writ or order or direction in the nature thereof directing the respondent Nos. 1,2 and 15 and 16 to take immediate steps to close down the unauthorised kadavus conducted by respondents 17 to 21 or anybody under them or any other unauthorised kadavus in Ettumanoor and Ayarkunnam panchayat areas. ii. issue a writ of mandamus or other appropriate writ, order or direction in the nature thereof directing the respondents 1 to 16 to take effective and meaningful steps to prevent unauthorised mining of sand in Meenachil river within the jurisdiction of Ettumanoor and Ayarkunnam Panchayaths including the Pnnathura area. iii. issue a writ of mandamus or other appropriate writ, order or direction in the nature thereof directing the respondents strictly WPC.4877/09 2 implement the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 in the Ettumanoor and Ayarkunnam panchayath and take penal actions provided therein against those persons who are unauthorisedly conducting mining of sand in the Meenachil river. iv. Direct respondents 1 to 16 to file periodic reports to this court or to any other authority directed by this Court as to the steps t aken by them to prevent unauthorised mining of sand in the Meenachil river which comes within the jurisdiction of Ayarkunnam and Ettumanoor panchayat and also to furnish the details of the cases registered under the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 against the persons who commit illegal mining of sand”. 2. Notice was ordered by this Court through special messenger. Counter affidavit has not been filed by the respondents so far. Though there is a direction by the RDO to file a report, this has not been complied with. The averments in the writ petition will have to be taken as uncontroverted. Learned counsel for 15th respondent submits that Ettumanoor Panchayat has not authorized removal of sand from any other kadavu situated within the said Panchayat. In the absence of any counter affidavit by the WPC.4877/09 3 15th respondent, the situation would follow in the case of Ayarkunnam Panchayat as well. Learned Government Pleader, on instructions, submits that 14 country boats have been seized after the writ petition was filed finding that they have indulged in unauthorized removal of sand. 3. It is made clear that the official respondents shall not under any circumstances permit or tolerate unauthorized removal of sand in contravention of the provisions of Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Such unauthorized removal and transportation shall be dealt with sternly and the same shall be prevented by enforcing the law with all seriousness and earnestness. 4. In the result, 2nd and 3rd respondents are directed to see that there is no removal of river sand from the Meenachil river in the area where it falls within the Ayarkunnam and Ettumanoor Grama Panchayats except if the concerned Panchayats declare that there would be sand removal from certain authorized kadavus. Until that is done, there shall be total ban on removal of river sand from the Ayarkunnam and Ettumanor Panchayat areas. The District WPC.4877/09 4 Collector shall see that strict action is taken against any person who is found indulging in unauthorized removal of sand. If necessary administrative instruction shall be issued by the District Collector bringing the direction of this Court to the notice of the police officials. Any laches on the part of any officials in enforcing the direction issued by this Court should be viewed seriously. The District Collector will be personally responsible to see that the directions are complied with. Obviously, he is at liberty to issue any direction to the subordinate officials and also to the police officials and officials of the department of Geology. The writ petition is disposed of as above. V. GIRI, JUDGE cl WPC.4877/09 5 WPC.4877/09 6