JOBY SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant public interest writ petition has been filed for a mandamus directing the State of Kerala, respondent No.1 to constitute a committee including the 2nd to 7th respondents along with a recognised Hydrologist to study and submit a report before this Court regarding the deposits of sand and silt in the rivers, lakes and dams within the State of Kerala. Petitioner has sought for a mandamus directing the said respondent to submit a plan of action before this court regarding the ways in which the sand, silt and other materials found in the rivers, lakes and dams can be effectively removed, by which water flowing capability of the rivers, lakes and the water storage capacity of the dams can be improved. Further mandamus sought for is to command the Chief Secretary, State of Kerala to constitute a committee to submit a report before this Court regarding how far and how effective can the naturally found deposits of sand in the rivers and dams be used as an alternative to the Metal Sand obtained by way of quarrying and its subsequent processes.

(2.) Petitioner claims to be a person involved in social and environmental activities for more than 30 years. Petitioner has contended that he has approached this Court, being aggrieved by certain relevant issues, which the petitioner believes to be of utmost concern which needs an urgent attention of this Court. Petitioner is alarmed with the past floods that occurred in the State of Kerala in the years 2018 and 2019 including the landslides that occurred.

(3.) According to the petitioner, both these floods and the allied catastrophics have resulted in mass deposit of sand and silt in 44 rivers in the State and in 57 dams in the State, which thereby has directly reduced the water flowing capacity of the rivers and the water storage capacity of the dams. According to him, the extreme heavy rain and the consequent inundation of the State in the years 2018 and 2019 was a direct, violent, sudden and irresistible act of the nature. But the consequent deposits in the form of sand, is even now lying in the rivers and dams across the State without any interference, which if not acted upon, will fetch horrendous situation in the near future.