Kerala High Court
S.D.Ajith Kumar vs The District Collector on 3 June, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY,THE 18TH DAY OF NOVEMBER 2013/27TH KARTHIKA, 1935
WP(C).No. 29527 of 2011 (M)
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PETITIONER :
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S.D.AJITH KUMAR, AGED 40 YEARS,
S/O.DIVAKARAN, SREEBHAVAN, MARUTHADI P.O.,
KOLLAM-691 003, PRESENTLY WORKING AS MANAGER,
ADRAK LEISURE ISLAND, OPPUKADAVU, NEDUNGOLAM P.O,
PARAVUR.
BY ADVS.SRI.M.T.SURESHKUMAR
SRI.RAAJESH.S.SUBRAHMANIAN
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,KOLLAM-691 013.
2. THE COMMISSIONER OF POLICE,KOLLAM-691.
3. THE ASSISTANT COMMISSIONER OF
POLICE, CHATHANNOOR-691 572.
4. THE TAHSILDAR,TALUK OFFICE, KOLLAM-691 001.
5. THE PARAVUR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, PARAVUR.PIN-691 521
6. THE NEDUMPANA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, NEDUMPANA.PIN-691 523
7. THE CHATHANNOOR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, CHATHANOOR.PIN-691 527
8. THE ADICHANALOOR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, ADICHANALOOR.PIN-691 529
9. MINISTRY OF ENVIRONMENT,
GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.
10. THE KERALA STATE POLLUTION CONTROL BOARD,
REGIONAL OFFICE, KOLLAM, REPRESENTED
BY THE ENVIRONMENTAL ENGINEER, KSPCB, REGIONAL OFFICE,
CUTCHERRY P.O., HIGH SCHOOL JUNCTION,KOLLAM-691 013.
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WP(C)NO.29527/2011
11. THE SENIOR GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE,
KOLLAM-691 013.
12. THE REGISTRAR,
CENTER OF EARTH SCIENCE STUDIES,
THIRUVANANTHAPURAM-695 001.
R1 TO R4,R9 & R11 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE
R5 BY ADV. SRI.AYYAPPAN SANKAR
R6 & R7 BY ADV. SRI.M.R.SASITH
R8 BY ADV. SRI.M.V.THAMBAN
SRI.R.REJI
SRI.B.BIPIN
R10 BY SRI.M.AJAY,SC, POLLUTION CONTROL BOARD
BY SRI.M.R.ARUNKUMAR, SC, POLLUTION CONTROL BOARD
BY SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18-11-2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WP(C)NO.29527/2011
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1- COPY OF GEOPHYSICAL MAP OF THE AREA.
EXHIBIT P2- TRUE COPY OF THE COMPLAINT DATED 3.6.2007 SUBMITTED BY THE
PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, PARAVUR.
EXHIBIT P3- TRUE COPY OF THE COMPLAINT DATED 28.9.2007.
EXHIBIT P4- TRUE COPY OF THE COMPLAINT DATED 2.1.2008 SUBMITTED BY THE
PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, PARAVUR.
EXHIBIT P5- TRUE COPY OF THE COMPLAINT DATED 4.7.2011 PREFERRED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6- TRUE COPY OF THE PETITION DATED 29.6.2011.
EXHIBIT P7- TRUE COPY OF THE REPRESENTATION DATED 18.10.2007.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A.TO.JUDGE
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P.R.RAMACHANDRA MENON, J.
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W.P.(c)No.29527 OF 2011
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Dated this the 18th day of November, 2013
JUDGMENT
The petitioner has approached this Court with the following prayers :
"(i) To issue a writ in the nature of mandamus or any other order or direction, calling upon the respondents 1 and 3 to setup a special task force so as to prevent illegal mechanized mining activities conducted within the limits of Paravur Municipal Area and Ittikkara Block area covering Chathannor, Poothakulam, Kalluvathukkal, Nedumpana and Adichanallur Grama Panchayaths.
(ii) To issue a writ of mandamus commanding the respondents 1 to 4 to effectively monitor the Police and Revenue Officials employed for detection of illegal sand mining, transportation, etc. and to deploy sufficient personnel and equipment to effectively prevent the illegal sand mining through unauthorized manual and mechanical means.
(iii) To direct the respondents 9 to 12 to inspect the Paravur Municipal Area and Ittikkara W.P.(C)No.29527/2011 2 Block area covering Chathannor, Poothakulam, Kalluvathukkal, Nedumpana and Adichanallur Grama Panchayaths and to submit a detail report after conducting an exhaustive study of the area detailing the damages caused to the environment on account of the illegal mining activities.
iv) Pass such other order that this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."
2. The third respondent has filed a detailed counter affidavit wherein in paragraph 4, it is submitted that the area of jurisdiction of the 3rd respondent comprises of four police stations namely, Chathannoor, Kottiyam, Paravoor and Parippally. The number of cases registered under Kerala River Bank Protection Act from 2008-2013 under the above mentioned four police stations has been given in a tabular form and submits that the number of cases in these four police stations has been decreasing over the past six years. Out of the four police stations, Parippally Police Station is out of the area described by the petitioner in the writ petition. Among the other three Police Stations, Chathannoor and Kottiyam have areas other than the area W.P.(C)No.29527/2011 3 mentioned in the writ petition. These areas come under Nedumpana in Chathannoor Police Station and Adichanalloor Village in Kottiyam and Chathannoor Police Stations limits.
3. In paragraph 6 of the counter affidavit, it is submitted that the Police is conducting patrolling using two patrol boats, in Paravoor lake and adjacent areas in order to curb the menace of illicit sand mining and that they have intensified their efforts to nab the culprits, who use high power motor for sucking sand from the bottom layer of soil, and that the number of cases in these police stations is also decreasing in the past five years, as shown in the table given therein.
4. In paragraph 7of the counter affidavit, it is stated that, though the river basin of Ithikkara River is narrow at the area mentioned in the petition, compared to other parts, the number of labourers engaged in sand mining and allied works is high in this area. As such, a good number of labourers are concentrating in mining sand even from the private properties, adjacent to the river, without the permission of the property owners. This has created serious law and order issues in this area. For that also, Police have intensified W.P.(C)No.29527/2011 4 patrolling on the river bank side and also along the river. Police pickets were posted in 8 kadavus in Chathannoor Police Station limits, 3 pickets in Kottiyam limits and 4 pickets in Paravoor Police Station limits. It is also contended that the seizure of lorries and other vehicles in these police stations have been decreasing as is evident from the figures given therein.
5. It is pointed out in paragraph 8 that Kadavu Committees were formed and the regulations as prescribed in Kerala Protection of River Banks and Regulation of Removal of Sand Rules, 2002 ( KPRB & RRS) are strictly implemented. The time limit for mining of sand from river from 6.00 a.m. to 3.00 p.m. is strictly implemented, migrant labourers are not allowed to engage in sand mining and that the local labourers having labour pass issued by the Panchayath alone are permitted to do sand mining. The number of pass for transportation of sand issued by Local Authority is being verified by the Policemen posted in pickets. The condition of the vehicle and its documents are also being properly verified by the officers, the Norms for protecting the banks of the river as specified in the rules are strictly being W.P.(C)No.29527/2011 5 implemented. By strict action of the Police, the illicit sand mining is now under control. Paragraphs 9 and 10 of the counter affidavit read as follows :
"9. It is submitted that at present no pass is being issued from the Local Self Government for sand mining in any area of the district. The District Expert Committee Meeting on 22.06.2013 headed by District Collector, Kollam decided to conduct sand audit from the rivers of Kollam District by two agencies, one by CESS and the other headed by Irrigation Executive Engineer and District Hydrologist. Since the water level is very high in rivers, audit report has not been submitted to District Collector till date. In the light of the judgment of the National Green Tribunal, ban on mining of sand is continuing and strictly being implemented in its true spirit. At present strict vigil and attention is being kept round the clock by posting pickets manned by Police personnel and arranging patrolling by motor bikes and jeeps. C.I.s and S.Is. Are regularly checking the Kadavus and closely monitoring the activities.
10. It is submitted that the Police have taken all possible efforts to control the illicit mining and W.P.(C)No.29527/2011 6 transportation of sand from the area mentioned in the writ petition. As Police, is not the agency to study the availability of sand, width of river basin, the area of river banks etc. that has to be done by the other agencies of the Government. The Police have taken steps to co-ordinate the other Government wings also to curb the illicit sand mining."
Recording the counter affidavit filed by the third respondent, the writ petition is disposed of, as no further orders are necessary.
P.R.RAMACHANDRA MENON JUDGE sv.
W.P.(C)No.29527/2011 7