IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 15091 of 2008(V) ---------------------------------------- PETITIONER(S): ------------------------ KUTTAMPUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KUTTAMPUZHA P.O, ERNAKULAM DISTRICT. BY ADV. SRI.MURALI PURUSHOTHAMAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT EXPERT COMMITTEE FOR PROTECTION OF RIVER BANKS AND FOR REGULATION OF SAND MINING, REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR, ERNAKULAM. GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15091/2008 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT EXTRACT OF THE TECHNICAL REPORT SUBMITTED BY THE CESS IN RESPECT OF SAND MINING FROM KUTTAMPUZHA RIVER NO.CESS-SMR-10-2002 DTD. JANUARY 2002. EXT.P2: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ERNAKULAM ISSUING SAND MINING PERMIT TO THE PETITIONER PANCHAYAT NO. M2-16535/2002 DTD. 04/05/2002. EXT.P3: COPY OF THE ORDER DTD. 28/05/2002 IN CMP NO.22898/2002 IN O.P.NO.13598/2002. EXT.P4: COPY OF THE ORDER DTD. 25/06/2002 IN CMP.NO.28916/2002 IN CMP NO.22898/2002 IN O.P.NO.13598/2002. EXT.P5: COPY OF THE PROCEEDINGS OF THE DISTRICT EXPERT COMMITTEE DTD. 10/10/2002. EXT.P6: COPY OF THE PROCEEDINGS OF THE DISTRICT EXPERT COMMITTEE DTD. 09/12/2002. EXT.P7: COPY OF THE ORDER DTD. 09/06/2002 IN CMP.NO.21362/2003 IN O.P.NO.788/2003. EXT.P8: COPY OF THE ORDER NO.A2.2342/2002 DTD. 19/06/2003 OF THE DIVISIONAL FOREST OFFICER. EXT.P9: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.NO.788/2003 DTD. 12/12/2003. EXT.P10: COPY OF THE ORDER NO.F.C.2-18596/02 DTD. 17/03/2004 PASSED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS. EXT.P11: COPY OF RESOLUTION NO.4 DTD. 30/11/2005 OF THE COMMITTEE OF THE PETITIONER PANCHAYAT. EXT.P12: COPY OF THE COVERING LETTER NO.A3-880/05 DTD. 07/12/2005 SENT BY THE PETITIONER PANCHAYAT TO THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P13: COPY OF THE APPLICATION DTD. 24/11/2006 SUBMITTED BY THE PETITIONER PANCHAYAT BEFORE THE 2ND RESPONDENT. EXT.P14: COPY OF COVERING LETTER NO.A3-404/2006 DTD. 24/11/2006 SENT BY THE PETITIONER PANCHAYAT TO THE DISTRICT COLLECTOR, ERNAKULAM ALONG WITH EXT.P13 APPLICATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ kss P.A.TO JUDGE V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15091 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November, 2008 JUDGMENT The Kuttampuzha Grama Panchayat has approached the District Expert Committee constituted under the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001, for permission to remove a specified quantity of sand from Kuttampuzha river. It is submitted that the 2nd respondent is the competent authority to conduct an enquiry and grant permission. Having heard the learned Government Pleader also, this Writ Petition is disposed of directing the 2nd respondent to consider Ext.P13, to identify and specify the quantity of sand that could be removed under the aforementioned Act and take a decision within a period of two months from the date of receipt of a copy of this judgment. It is open to the 2nd respondent to impose such conditions as are warranted while granting permission , if they decided to grant such permission. Copy of the writ petition shall be produced along with a copy of this judgment. (V. GIRI, JUDGE) ttb W.P.C.No. 15091 OF 2008 -:2:-