IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11737 of 2008(V) -------------------------- PETITIONER: ------------ 1. P.P.ABBAS, AGED 58 YEARS, S/O.POKER, PUTHENPURAYIL HOUSE, PALAPETTY, MALAPPURAM DISTRICT. 2. RAFEEQ, AGED 29 YEARS, S/O.SAYED MUHAMMED, ANDATHODE HOUSE, PALAPETTY, MALAPPURAM DISTRICT. BY ADV. SRI.C.S.RAMANATHAN RESPONDENTS: ------------- 1. THE THAVANNUR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, THAVANNUR KUTTIPURAM, MALAPPURAM. 2. THE DISTRICT EXPERT COMMITTEE UNDER THE KERALA PROTECTION OF RIVER BANKS AND REGULATIONS OF REMOVAL OF SANDS ACT, REPRESENTED BY ITS CHAIRMAN AND THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE DISTRICT COLLECTOR, MALAPPURAM. BY GOVT.PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 11737 of 2008 ---------------------------------- Dated this the 7th day of April , 2008 JUDGMENT The petitioners are lorry owners transporting sand from various kadavus in Malappruam District. According to them, they are transporting sand from Malappuram to Thrissur District They are aggrieved by the Circular issued by the District Collector banning transportation of sand from Malappuram to other districts. On account of that Circular, the petitioners are suffering and hence they have filed this writ petition seeking the following reliefs; i). to issue a writ of mandamus or any other writ, order or direction directing the third respondent to issue permits to the petitioner to transport sand from Malappuram to Trichur District. ii). To issue a writ of prohibition or such other WPC No.11737/2008 2 writ, order or direction to the respondents restraining them to interfere or harass the petitioners while transporting river sand from Malappuram on the passes issued by the first respondent. 2. When this writ petition came up for admission Sri.K.J.Muhammed Anzar the learned Government Pleader has taken notice on behalf of respondents 2 and 3. 3. Heard the learned counsel for the petitioners and the learned Government Pleader. My attention was drawn by the learned counsel for the petitioners to Ext.P1 judgment and to a similar judgment passed by me. The learned Government Pleader would fairly agree that the facts situation in the present case seems to be similar to the situation which obtained in Ext.P1 case. Under the above circumstances, I am of the view that relief, which was given to the petitioner in Ext.P1 case, can be granted to the present petitioners also. Relying on the judgment of this court in Bijoe Emmanuel and others v . State of Kerala (1986 KLT 1037) , I uphold the argument that the District Collector in his capacity as the Chairman of the District WPC No.11737/2008 3 Expert Committee under the Kerala Protection of River Banks and Regulations of Removal of River Sand Act 2001 is not competent to completely ban transportation of river sand through a circular issued under Section 9 (C) of the Act. But, I notice that the object behind introducing such a restrictions is laudable. The learned Government Pleader submitted that the time frame, which had been set by this court under Ext.P1 and another case, will be over within a period of two months only. 4. I have already quashed clause 11 the circular dated 5.5.2007 issued by the District Collector by Ext.P1 judgment for a period of four months from 13.2.2008. I make it clear that quashment of clause 11 of that circular will continue to be operative till 13.6.2008. It is open to the District Collector or to the Government to promulgate any fresh circular or Rule regulating the transportation of river sand from one district to another in the meanwhile. The petitioners in the interugnam are permitted to approach the District Collector or the Committee (District Level Expert Committee) seeking redressal of the grievance presently voiced by them in this writ petition. If passes are being issued to the petitioners in W.P.(C) 29125/2007 WPC No.11737/2008 4 and the petitioner in Ext.P1 judgment, passes will be issued by the Committee to the petitioners in this writ petition also. PIUS C. KURIAKOSE JUDGE dpk