IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 2859 of 2008(M) ------------------------- PETITIONER: ------------ P.P. SERIFUDEEN, S/O. MOHAMMED, AGED 22 YEARS, PADATHEPEEDIYECKAL, KODACAL P.O., THIRUNAVAYA, MALAPPURAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE SECRETARY (SPECIAL GRADE), THIRUNAVAYA GRAMA PANCHAYAT, THIRUNAVAYA P.O., MALAPPURAM-676 301. 4. V.K. GAFOOR, S/O. KAMMUKUTTY, VELLARIKATTIL HOUSE, CADACAL P.O., MALAPPURAM.` R1-R2 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2859 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 25th January, 2008 JUDGMENT The grievance of the petitioner who was a sand mining worker engaged by the 3rd respondent-Panchayat for collecting sand from Bharathapuzha river is that even though he was holding a valid card enabling him to collect river stand from the river kadavus situated within the area of the Panchayat, his name has been illegally removed from the Register of card-holders maintained by the third respondent. Ext.P2 which was received by the petitioner is in the nature of a show cause notice. His complaint is that though he submitted Ext.P3 explanations to Ext.P2, the Panchayat has ignored Ext.P3 straightway and has deleted his name from the register and included the name of the 4th respondent on political considerations. May be the petitioner is right in his complaint that it was without hearing him and thus violating the principles of natural justice that his name has been deleted from the Register of card-holders. May be it is also true that he is the sole bread winner of the family and therefore the family has now been deprived of its only means for existence. But at the same time, the statute namely, the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (Act 18 of 2001) W.P.C.No.2859/08 - 2 - provides an effective remedy to the petitioner on like actions by local authorities. I direct the petitioner to prefer an appeal under Section 30(1) of Act 18 of 2001 before the District Collector, the 2nd respondent, who is the Chairman of the District Expert Committee. If the District Collector-cum-Chairman of the District Expert Committee receives an appeal from the petitioner against the order passed by the third respondent within seven days from today, the District Collector will hear the petitioner and dispose of the same in accordance with law within the statutory time frame of 30 days. Considering the case of the petitioner that his family has been deprived on its only means of existence, the District Collector who is the Ex-Officio Chairman of the District Level Expert Committee is directed to consider and pass early orders on any application for interim relief which may be made by the petitioner before him. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE