IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8452 of 2009(B)
1. C.V.LALU, CHERIVUKALAYIL HOUSE,
... Petitioner
Vs
1. THE DIRECTOR OF MINING AND GEOLOGY,
... Respondent
2. THE GEOLOGIST, THE DISTRICT OFFICE
3. THE DISTRICT COLLECTOR, COLLECTORATE,
4. THE REVENUE DIVISIONAL OFFICER,
5. THE TAHSILDAR, UDUMPANCHOLA TALUK,
6. THE VILLAGE OFFICER, VILLAGE OFFICE,
7. THE VANDANMEDU GRAMAPANCHAYATH,
8. THE SUB INSPECTOR OF POLICE,
9. VARGHESE THOMAS, MUNNEL HOUSE,
10. ROY OMMEN, ELAPPUNKAL HOUSE,
11. GANESAN, KADAKKAL HOUSE, PUTTADY.P.O.,
12. JOSE PUTHUMANA, PUTHUMANAYIL HOUSE,
13. SHAJI.M.P., MALAKKARAYIL HOUSE,
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent :SRI.JOBI JOSE KONDODY
The Hon'ble MR. Justice V.GIRI
Dated :25/06/2009
O R D E R
V.GIRI, J.
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W.P. (C) No. 8452 OF 2009
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Dated this the 25th day of June, 2009
J U D G M E N T
Petitioner is a farmer having an extent of
149.90 Ares of land in different survey numbers in
Anakkara Village, Idukki District. He holds some wet land
which is used for paddy cultivation. He had approached
this court, complaining of unauthorized mining of sand
from paddy field and wet land in Anakkara and
Chakkupallam Villages in Idukki District.
2. Subsequent to the filing of the writ petition
additional respondents 14 to 30, were impleaded on the
allegation that they are also indulging in unauthorized
mining of sand from paddy fields and wet land.
3. A counter affidavit has been filed by the second
respondent, Geologist. Respondent 10to 13 have also
filed a Counter Affidavit. According to them they are
mining sand only from dry lands, on the strength of the
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permit issued in this behalf by the Geologist.
4. Section 11 of the Kerala Conservation of Paddy
lands and Wet lands Act read as follows:
11. Prohibition on reclamation of wetland:-
On and from the date of commencement of this
Act, the wetlands of the State shall be maintained as
such and there shall be a total prohibition on
reclamation of such wetland and removal of sand
therefrom:
Provided that nothing contained in this section
shall effect the removal of slurry and mud to maintain
the ecological condition of such wetland.
5. In so far as mining sand from paddy lands are
concerned, though the aforementioned Act does not bring
about a complete prohibition of sand from paddy fields, it
cannot be done except on the strength of a specific
permission granted in that behalf by the competent
authority. Obviously, the revenue Divisional Officer
cannot grant permit to dig sand from paddy lands except
for specified purpose. It shall not be granted to enable
the holder of the land or the applicant to Commercially
exploit the same. The features highlighted by the
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petitioner requires emergent and serious consideration by
the Revenue Divisional Officer. He shall therefore cause
an enquiry tobe conducted as to whether there is removal
of sand from Paddy land or wet land by any of the
respondents or any other person, within his jurisdiction.
If he finds that sand is being removed from wet land he
shall proceed to take action as contemplated by Section
23 of the Act. By filing a report stating that an offence
has been committed by the concerned person as
contemplated by Section 23 and 25 of the Act. He shall
also take action to see that no sand is removed from
paddy land except that an authority granted on that
behalf by an officer not below the rank of the Revenue
Divisional Officer and that only for an appropriate
utilisation of the land for any commercial exploitation.
6. Learned counsel for the petitioner submits that
the respondents 1 to 6 had prohibited the use of Motor
pumbs for sand mining. Learned Government Pleader
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submits that use for sand mining has been completely
prohibited. The Revenue Divisional Officer shall ensure
them such prohibition enforced strictly. Learned counsel
for respondents 10 to 13 refers to R10(f) and point out
that their application for renewal of permit granted
directing the pendency of the writ petition. Needful shall
be done within one month from the date of receipt of a
copy of this judgment.
7. Now the writ petition is disposed of. Application
for renewal shall be considered in accordance with law.
Writ petition is disposed as above.
(V.GIRI, JUDGE)
jma