Petitioner sought mandamus to stop unauthorized river sand imports into Kerala. The court dismissed the petition after the 6th respondent filed a statement confirming effective measures were taken to prevent illegal sand transportation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY,THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940
WP(C).No. 39400 of 2015
PETITIONER/S:
ABDUL AZEEZ v, AGED 62 YEARS PROPRIETOR, M/S. IA.ENTERPRISES, DOOR NO.298/1, BADRIYA NAGAR, MALAR, PAVOOR PO, KONAJE 574 199, KARNATAKA
BY ADVS. SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) SRI.VINEETH KURIAKOSE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, TRIVANDRUM, PIN 695001
W.P.(c) 39400 OF 2015
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REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, THIRUVNANTHAPURAM 695001
7 KERALA STATE MINERAL DEVELOPMENT CORPPORATION LTD. (KEMDEL), REPRESENTED BY ITS CHAIRMAN, ARCHANA, TC.15/870, PRA 15, VINAYAKA LANE, VAZHUTHACAUD, THIRUVNAANTHPURAM 695010
BY ADVS. GOVERNMENT PLEADER SRI.K.ANAND (SR.) SMT.LATHA ANAND SRI.K.ANAND (SR.)
OTHER PRESENT:
SR GP -SRI T. RAJASEKHARAN NAIR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) 39400 OF 2015
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JUDGMENT
The writ petition is filed seeking issuance of a writ of mandamus directing respondents 1 to 7 to take effective and immediate steps to stop and prevent the import of river sand from the other States into Kerala, otherwise than as authorised by any of the three nodal agencies as specified in Ext.P5.
2. Answering the allegations in the writ petition, a statement has been filed by the 6th respondent for and on behalf of the 5th respondent also. In the statement, the 6th respondent has categorically stated that all steps are taken for preventing the illicit transportation of mines and minerals, including transportation of sand from outside the State to Kerala. It is further stated that all steps are taken by the 6th respondent to prevent the illegal transportation
W.P.(c) 39400 OF 2015
of river sand from outside Kerala and large number of cases have been registered and vehicles with sand are also seized.
In the light of the categorical statement made by the 6th respondent that effective measures
are being taken to stop illegal transportation of sand from outside the State, the grievance raised by the petitioner stands substantially allayed. In such circumstances, the writ petition is closed accepting the submissions in the statement of the 6th respondent.
Sd/V.G.ARUN JUDGE
Scl/28.11.
W.P.(c) 39400 OF 2015
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1:TRUE COPY OF INFORMATION PROVIDED IN THE OFFICIAL WEBSITE OF KEMDEL EXHIBIT P2 P2:TRUE COPY OF GO(MS) NO.161/09/ID DATED 14.12.2009 EXHIBIT P3 P3:TRUE COPY OF LETTER DT. 11.11.2010 ISSUED BY THE ADDITIONAL CHIEF SECRETARY EXHIBIT P4 P4:TRUE COPY OF GOVERNMENT ORDER DT. 28.01.2011 EXHIBIT P5 P5:TRUE COPY OF GO NO.183/2013/REVENUE DATED 03.05.2013 EXHIBIT P6 P6:TRUE COPY OF NOTICE INVITING TENDER PUBLISHED BY THE KEMDEL DT. 24.06.2015 EXHIBIT P7 P7:TRUE COPY OF AGREEMENT DT. 20.07.2015 EXECUTED BETWEEN THE PETITIONER AND THE KEMDEL EXHIBIT P8 P8:TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.12.2015 EXHIBIT P9 P9:TRUE COPY OF INFORMATION OBTAINED BY THE PETITIONER FROM THE SALES TAX OFFICE, BANGARA MAJESWARAM
Abdul Azeez
State of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
