Kerala High Court
Mathew Philip Chirayil House vs State Of Kerala
Author: Manjula Chellur
Bench: Manjula Chellur, A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 4TH DAY OF DECEMBER 2013/13TH AGRAHAYANA, 1935
WP(C).No. 15138 of 2009 (S)
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PETITIONER(S):
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MATHEW PHILIP CHIRAYIL HOUSE,
AKKARAPADAM, P.O. VAIKKOM KOTTAYAM
NOW RESIDING AT V/749, CHIRAYIL CLUB, ROAD
EDAPPALLY P.O., ERNAKULAM.
BY ADVS.SRI.KKM.SHERIF
SRI.A.A.ZIYAD RAHMAN
SRI.LAL K.JOSEPH
SMT.SHEENA SAMUEL
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY
CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR,
KOTTAYAM.
3. THE DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.
4. THE SUPERINTENDENT OF POLICE,
KOTTAYAM.
5. THE CIRCLE INSPECTOR OF POLICE,
VAIKKOM, KOTTAYAM.
6. THE TAHSILDAR, VAIKKOM TALUK,
KOTTAYAM DIST.
7. UDAYANAPURAM PANCHAYATH,
VAIKOM, KOTTAYAM DIST, REPRESENTED
BY ITS SECRETARY, .
R7 BY ADV. SMT.P.VIJAYAMMA
R7 BY ADV. SRI.P.J.ANILKUMAR
R2 BY ADV. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04-12-2013, ALONG WITH WPC. 22151/2009, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No. 15138 of 2009
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: COPY OF PHOTOGRAPHS.
EXHIBIT P2: COPY OF ORDER DATED 18.1.08 IN WP(C).NO.38300 OF 2007.
EXHIBIT P3: COPY OF JUDGMENT DATEWD 27.6.09.
EXHIBIT P4: COPY OF REPRESENTATION DATED 8.10.08.
EXHIBIT P5: COPY OF REPRESENTATION DATED 30.3.09.
EXHIBIT P6: COPY OF REPRESENTATION DATEWD 4.3.09.
EXHIBIT P7: COPY OF COMMUNICATION DATED 14.5.09.
EXHIBIT P8: COPY OF REPORT DATED 3.4.09.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a): COPY OF PROCEEDINGS OF THE DISTRICT COLLECTOR
NO.E10.19815/09 DATED 22.6.2009.
EXHIBIT R2(b): COPY OF LETTER NO.C2.2361/09 DATED 1.7.2009.
/TRUE COPY/
PS TO JUDGE
MANJULA CHELLUR, C.J
&
A.M.SHAFFIQUE, J.
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W.P(C).No. 15138 and 22151 of 2009
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Dated this the 4th December, 2013
JUDGMENT
Manjula Chellur, C.J.
These two Writ Petitions are filed complaining inaction on the part of the respondents in taking effective measures to prevent illegal sand mining from Ithipuzha river in spite of several directions of this Court regarding sand mining.
2. When the matter came up for admission, interim order dated 2.6.2009 came to be passed in W.P(C).No.15138 of 2009. So far as W.P.No.22151 of 2009, on 25.8.2009 certain directions were issued to the District Collector to place on record regarding the action taken by the District Collector. Respondent authorities have placed a memo along with an affidavit of the District collector, Kottayam reporting that a squad consisting of Revenue, Police, Geology officials, Tahsildar etc. was constituted and frequent raids were conducted in the banks and so also within the vicinity of Ithipuzha river. As a result, about 88 cases came to be registered against the persons involved in illegal sand mining and 2 4700 cub.ft of river sand illegally mined was also seized. It is also brought to our notice that pertaining to river sand mining, the Principal Bench of Green Tribunal has stayed sand mining from river banks and the same is strictly complied with so far as State of Kerala is concerned. Whenever sand mining is reported violating the order of stay of the Green Tribunal, the matter is taken up by the squad. In spite of such stay order by the Green Tribunal, the squad is still functioning periodical checking of the river bank in question.
In the light of the above material placed on record, recording the above submission, we dispose of the Writ Petitions directing the respondents to keep a vigil and continue to do the periodical inspection and raids as directed in the interim orders stated above.
MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE vgs4.12