Sand-mining workers challenged a temporary District Collector order closing river sand-mining kadavus pending sand audit. Over a decade later, the court found nothing survived and closed the petition, directing any future mining to comply with the Kerala sand-mining statute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
WP(C) NO. 806 OF 2013
PETITIONERS:
1SANEESH A.
AGED 29 YEARS, S/O. KANARAN,
ANANDOTH HOUSE, MUTHUVANNACHA P.O., KUTIYADI,
KOZHIKODE.
2SHIJU M.A.
AGED 28 YEARS, S/O. KUNHIKANNAN,
METHELE ANANDOTH HOUSE, MUTHUVANNACHA P.O.,
KUTIYADI, KOZHIKODE.
3VINODAN A.V.
AGED 30 YEARS, S/O. CHOYI,
ANGADI VETTIL HOUSE, MUTHUVANNACHA P.O.,
KUTIYADI, KOZHIKODE.
4SHAIJU E.T.
AGED 32 YEARS, S/O. SASI,
EDATHACHOLI HOUSE, MUTHUVANNACHA P.O., KUTIYADI,
KOZHIKODE.
5C.PRADEEP
AGED 43 YEARS, S/O. GOVINDAN NAIR,
CHERUVALATH, MUTHUVANNACHA P.O., KUTIYADI,
KOZHIKODE.
BY ADVS.
SRI.SANTHARAM.P
SMT.REKHA ARAVIND
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
W.P.(C) No.806/2013
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2 THE DISTRICT EXPERT COMMITTEE KOZHIKODE, REPRESENTED BY ITS CHAIRMAN, DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE-673 001.
3 CHANGAROTH GRAMA PANCHAYATH KOZHIKODE DISTRICT, PIN-673 233, REPRESENTED BY ITS SECRETARY.4 VELOM GRAMA PANCHAYATH KOZHIKODE DISTRICT, PIN-673 101, REPRESENTED BY ITS SECRETARY.5 ADDL.R5 C.K BASHEER S/O ABDULLA, AGED 50 YEARS, CHERUKUNNUMMAL, PALERI, KOZHIKODE.6 ADDL.R6 PATHU AGED 53 YEARS, W/O AMMAD, NELLIAMANNIL P.O, PALERI, VIA KUTTYADI, KOZHIKODE DISTRICT-673 508.7 ADDL.R7 KUNHABDULLA V.M VARAYAMANNIL HOUSE, SHANTHINAGAR, VELAM P.O, KUTTYADI VIA, KOZHIKODE DISTRICT-673 508.(ADDL.R5 TO R7 ARE IMPLEADED AS PER ORDER DATED
19/03/2013 IN IA.NO.4333/2013).
BY ADVS.
SRI. DHEERAJ A.S -GP
SRI.K.M.FIROZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.806/2013
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J U D G M E N T
The petitioners are employees of the 3rd respondent Panchayat, who are engaged in sand mining in Kooniyode I and II ‘kadavus’ within the limits of the Panchayat. The petitioners had approached this Court challenging Ext.P3 order of the District Collector, Kozhikode, closing down the ‘kadavus’ in which the petitioners were engaged in sand mining. A reading of Ext.P3 will itself show that the said order, issued on 05-12-2012, was stated to be temporary and it directs that further sand mining shall be conducted only after completing sand audit.
Considering the fact that Ext.P3 order was issued as early as on 05-12-2012, I am of the opinion that nothing further survives for consideration in this writ petition. This writ petition is therefore closed, making it clear that any sand mining in the ‘kadavus’, which were subject matter of Ext.P3, if permitted, shall be carried out only in accordance with the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
Sd/GOPINATH P. JUDGE
ats
W.P.(C) No.806/2013
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APPENDIX OF WP(C) 806/2013
PETITIONERS’ EXHIBITS
EXHIBIT P1TRUE COPIES OF THEIR REGISTRATION CARDS
EXHIBIT P2TRUE COPY OF THE REPORT DATED NIL SUBMITTED
BY THE SUB-COMMITTEE
EXHIBIT P3TRUE COPY OF THE ORDER DATED 05.12.2012
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P4TRUE COPY OF THE REPORT PUBLISHED IN
MADHYAMAM DAILY DATED 24-12-2012
1 provisions across 1 enactments
SANEESH A.
SHIJU M.A.
VINODAN A.V.
SHAIJU E.T.
C. PRADEEP
STATE OF KERALA
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court