IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 25613 of 2006(S) -------------------------- PETITIONER(S): --------------- A.K. SHOUKATHALY, S/O. MUHAMMED, (CONVENOR, ODAYIKKAL POURASAMITHY), RESIDING AT AYANIKKUNNU HOUSE, PALLIPPADAM P.O., MAMPAD, MALAPPURAM DISTRICT. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENT(S): --------------- 1. THE DISTRICT EXPERT COMMITTEE, REPRESENTED BY ITS CHAIRMAN,THE DISTRICT COLLECTOR MALAPPURAM DISTRICT. 2. THE SECRETARY, MAMPAD GRAMA PANCHAYAT, MALAPPURAM DISTRICT. 3. KADAVU COMMITTEE FOR BEEMBUNGAL KADAVU, REPRESENTED BY ITS CONVENER, PRESIDENT, MAMPAD GRAMA PANCHAYATH, MALAPPURAM DISTRICT. ADDL.R4 TO R6 4. SHAJI P., S/O ABDUL RAHIMAN, PULIKAL HOUSE, BEEMBUNGAL, MAMPAD P.O., MALAPPURAM 5. SHAJI U.K., S/O MAMOOKOYA, OORAKADAVATHU HOUSE, BEEMBUNGAL, MAMPAD P.O., MALAPPURAM DISTRICT 6. NOUSHAD ALI, PUNATTIL HOUSE, BEEMBUNGAL, MAMPAD, MALAPPURAM DISTRICT (are impleaded as R4 to R6 as per order dated 18.1.07 in I.A.18/07) ADV. SRI.SAKIR.K.H. FOR ADDL.4TO6 SRI.SUNNY MATHEW FOR R2 & 3 GP SMT.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25613 of 2006 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE PHOTOGRAPHS OF RIVER BANK OF CHALIYAR RIVER EXT.P2- TRUE COPY OF THE PHOTOGRAPHS SHOWING THE BOAT TRAVEL OF THE INHABITANCE OF THE ODAYIKKAL AREA EXT.P3- TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PEOPLE OF THE ODAYIKKAL DESOM WITH ENGLISH TRANSLATION EXT.P4- TRUE COPY OF THE REPRESENTATION FILED BY THE PEOPLE OF THE ODAYIKKAL DESOM BEFORE THE 1ST RESPONDENT DATED 17.8.06 EXT.P5- TRUE COPY OF THE NOTICE ISSUED TO THE 2ND RESPONDENT INFORMOING THE PEOPLE'S MARCH DATED 13.9.06 EXT.P6- TRUE COPY OF THE PHOTOGRAPHS OF THE PEOPLE'S MARCH CONDUCTED BY THE ODAYIKKAL POURASAMITHY EXT.P7- TRUE COPY OF THE REPRESENTATION SEND TO THE 1ST RESPONDENT BY THE PETITIONER DATED 16.9.06 EXT.P8- TRUE COPY OF THE POSTAL RECEIPT SENDING OF EXT.P7 REPRESENTATION TO THE 1ST RESPONDENT EXT.P9- TRUE COPY OF THE ORDER ISSUED BY THIS HONOURABLE COURT IN W.P.(C).6868/04 DATED 4.3.04 EXT.P10- PHOTOGRAPH SHOWING THE UNCONTROLLED SAND MINING WITHIN 100 MTRS FROM THE BEEMBUNGAL KADAVU EXT.P11- TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 13.3.07 EXT.P12- TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 14.3.07 EXT.P13- TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 15.3.07 (TRUE COPY) P.A TO JUDGE J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.P.(C).25613/2006 ----------------------------- Dated this 27th day of January, 2009 JUDGMENT Koshy (Ag.C.J.) This is a petition filed in public interest. Contention of the petitioner is that Beembungal kadavu of Chaliyar river is recognized as sand mining kadavu. Due to uncontrolled sand mining from the kadavu, it became very difficult to travel by boats through the kadavu. It is also stated that as per Section 12 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, no sand shall be removed within ten meters of the river bank. Now the sand is being removed from the banks of the river ignoring the provisions of the Act. In order to get protection for the passage of boat service, Ext.P4 representation was filed before the first respondent, pending consideration. In the above circumstances, we direct the first respondent to consider Ext.P4 representation and take W.P.(C).25613/2006 2 appropriate action thereon, and also to see that the provisions of the Act is strictly enforced. Writ petition is disposed of as above. sd/- J.B.KOSHY, Acting Chief Justice sd/- V.GIRI, Judge mrcs //true copy// P.A. to Judge