IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 35830 of 2007(M) -------------------------------------- PETITIONER: ----------------- KANCHIYAR GRAMA PANCHAYATH, KANCHIYAR P.O., IDUKKI-685 511, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: -------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, IDUKKI. 3. THE WILD LIFE WARDEN, PAINAVU P.O., IDUKKI-685 603. 4. THE TAHSILDAR, UDUMBANCHOLA, IDUKKI DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, KATTAPPANA, IDUKKI DISTRICT. *ADDL. RESPONDENTS R6 TO R8 ARE IMPLEADED ADDL. R6. M.N.MOHANAN, S/O.NARAYANAN, CONVENER, BHARATIYA MAZDOOR SANGH, MANKOOTTATHIL, AYYAPPANKOVIL, IDUKKI DISTRICT. ADDL. R7. JAMES.E.J., S/O.JOSEPH, SECRETARY, C.I.T.U., THOPPIPALA.P.O., IDUKKI DISTRICT. ADDL. R8. M.VIJAYAN, S/O.NANAPPAN, ALL INDIA TRADE UNION CONGRESS, AYYAPPANKOVIL, IDUKKI DISTRICT. *ADDL. RESPONDENTS R6 TO R8 ARE IMPLEADED AS PER ORDER DATED 30/01/2008 IN I.A. NO.310/08. WP(C).No. 35830 of 2007(M) BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J ADV. SRI.GOVIND K.BHARATHAN (SR.) - ADDL.R SRI.C.P.KUNJHIKANNAN - ADDL.R SRI.MADHU.S.K. - ADDL.R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35830 of 2007(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AUCTION NOTICE DATED 23/03/07 ISSUED BY THE PETITIONER. EXT.P2: COPY OF THE NOTICE DATED 23/10/07 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE JUDGMENT DATED 09/04/07 IN W.P.(C). NO.9480/07 OF THIS HON'BLE COURT. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER. EXT.P5: COPY OF THE REPRESENTATION DATED 12/11/07 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE RESOLUTION DATED 26/11/07 PASSED BY THE PETITIONER PANCHAYAT. EXT.P7: COPY OF THE COMPLAINT DATED 26/11/07 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P8: COPY OF THE COMPLAINT DATED 27/11/07 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES: ANNEXURE- R3(a): COPY OF THE NOTIFICATION NO.7898/FM3/76/AD DATED 09/02/1976. ANNEXURE-R3(b): COPY OF LETTER NO.1-26/CEC/2003 DATED 02/07/2004 FROM THE MEMBER SECRETARY, CENTRAL EMPOWERED COMMITTEE. // TRUE COPY // Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.35830 of 2007 ----------------------------------------- Dated this the 20th day of June, 2008 JUDGMENT In the matter of alleged unauthorised sand mining this court passed the following order on 10-12-2007:- “The complaint of the petitioner is that the 4th respondent is auctioning and authorising removal of river sand despite the prohibition imposed by the 3rd respondent. The 2nd, 3rd and 5th respondents shall take notice of this and ensure that the prohibition imposed by the 3rd respondent is fully enforced.” The petitioner Panchayat submits that there is still illegal activity going on. There will be a direction to the second respondent to take appropriate action in the matter pursuant to Ext.P11, with notice to the petitioner and any other affected party, within a period of two months from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.35830 of 2007 ----------------------------------- JUDGMENT 20th June, 2008