Remanded

Okkal Grama Panchayath and Others v. State of Kerala and Others.

Kerala HC18 Mar 2009WP(C)/678/2009

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala challenged a District Expert Committee decision stripping the Panchayath of sand pass issuance authority due to forged pass allegations. The Court directed the police to expedite the pending investigation and deferred final reconsideration to the Expert Committee based on the investigation outcome.

What did the court decide?

Directed the District Superintendent of Police to supervise and expedite the pending criminal investigation, and the District Collector to reconsider the matter before the District Level Expert Commit

Okkal Grama Panchayath and Others Vs… — Constitutional and Fundamental Rights | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930

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WP(C).No. 678 of 2009(E)

PETITIONERS :

OKKAL GRAMA PANCHAYATH, OKKAL P.O., PERUMBAVOOR 683 550, ERNAKULAM DISTRICT, REPRESENTED BY ITS PRESIDENT, SMT. KOCHUTHRESSIA TITUS, AGED 48 YEARS, W/O. K. TITUS.

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MRS. KOCHU THRESSIA TITUS, AGED 48 YEARS, W/O. K.P. TITUS, PRESIDENT OKKAL GRAMA PANCHAYATH, OKKAL P.O., PERUMBAVOOR 683 550, ERNAKULAM DIST.

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POLY THOMAS, KOONATHAN HOUSE, OKKAL P.O. , PERUMBAVOOR, ERNAKULAM DIST.

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M.A. ANWAR, MUNDETH HOUSE, EDAVOOR, OKKAL, ERNAKULAM DIST.

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K.P. PAILY, KORAKKAN HOUSE, ANTO PURAM, OKKAL P.O., ERNAKULAM DISTICT.

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ELSY DEVASSIAKUTTY, KURIYATHU HOUSE, OKKAL P.O., ERNAKULAM DIST.

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JOSE VARGHESE, MANICKATHANAM HOUSE, OKKAL P.O., ERNAKULAM DIST.

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ANNIE GEORGE, THOTTAMKARA HOUSE, KOOVAPPADY P.O., PERUMBAVOOR, ERNAKULAM DIST.

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NABEESA ABOOBACKER, PANICKERKUDY HOUSE, VALLOM, OKKAL P.O., ERNAKULAM DIST.

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POLY KOCHILAN, KOCHILAN HOUSE, OKKAL P.O., ERNAKULAM DIST.

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BY ADV. SRI.NIREESH MATHEW

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WP(C).No. 678 of 2009

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RESPONDENTS:

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STATE OF KERALA, REP. BY SECRETARY, LOCAL ADMINISTRATION GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

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THE DISTICT COLLECTOR, ERNAKULAM.

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THE TAHSILDAR, KUNNATHUNADU TALUK, ERNAKULAM DIST.

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THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, KAKKANAD, ERNAKULAM DIST.

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THE SUB INSPECTOR OF POLICE, KALADY, ERNAKULAM DIST.

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THE CIRCLE INSPECTOR OF POLICE, PERUMBVORR, ERNAKULAM DISTRICT.

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THE DISTRICT SUPERINTENDENT OF POLICE (RURAL), ALUVA.

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THE INSPECTOR GENERAL OF POLICE, ERNAKULAM.

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THE DIRECTOR GENERAL OF POLICE (LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.

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*10. SRI. A. SHERAFUDEEN, SECRETARY, OKKAL GRAMA PANCHAYATH, OKKAL P.O., ERNAKULAM DISTRICT.

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BY SRI. P.N. SANTHOSH, GOVERNMENT PLEADER

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(* ADDITONAL R10 IS IMPLEADED AS PER ORDER DATED 6/02/2009 IN I.A. N0.

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546/2009)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J.

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W.P.(C) No.678 of 2009

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Dated this the 18^th day of March, 2009

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JUDGMENT

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Challenge in this writ petition is basically against Exhibit P1, the decision taken by the District Expert Committee constituted under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

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Taking into account transportation of river sand with forged pass, the committee has laid down a new procedure divesting the authority of the Panchayath to issue pass in this matter. It is seen from the proceedings that in respect of an allegation regarding the use of forged pass, a crime has already been registered at the Kalady Police Station as Crime No.1230/2008 and investigation is pending.

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In view of the pendency of the crime and the seriousness of the matter involved, I direct the 7^th respondent to supervise the investigation and ensure that the investigation is completed on an expeditious basis. It is further directed that depending upon the outcome of the investigation to be

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W.P.(C) No.678/2009

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concluded, the second respondent shall place the matter before the District Level Expert Committee, which shall reconsider the

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matter and take a fresh appropriate decision.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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scm

Okkal Grama Panchayath and Others v. State of Kerala and Others.

Case brief

What is this about?

What did the court decide?

Okkal Grama Panchayath and Others v. State of Kerala and Others.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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