VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these writ petitions are filed challenging the work of mechanised loading and transportation of mineral sand from Thottappally Pozhi mouth. The petitioner in W.P.(C) No.11060/2020 is a resident of Purakkad Grama Panchayat residing only five meters away from the Pozhi mouth near Thottappilly Beach. The petitioners in W.P.(C) No.15520/2021 are also residents of Purakkad Grama Panchayat. Since both the writ petitions are filed based on same set of facts, they are heard together and being disposed of by a common judgment. The parties and exhibits are referred to in this judgment as they are arrayed/marked in W.P.(C) No.11060/2020, unless otherwise specified.

(2.) The petitioner in W.P.(C) No.11060/2020 states that large scale mining activity is being carried out near the Pozhi mouth near Thottappally Beach. The 2nd respondentKerala Minerals and Metals Ltd. (KKML) invited Tenders for the work of mechanised loading and transportation of mineral sand from Thottappally Pozhi mouth without requisite licences and permits. The 4th respondent-Grama Panchayat has issued Ext.P4 Stop Memo. However, the mining activity continues. A large number of vehicles are coming to the area and transport mineral sand without any authority. The Panchayat authorities gave Ext.P8 complaint to the 6th respondent-Circle Inspector of Police. Still the illegal mining continues causing grave threat to the ecology and environment.

(3.) The petitioners in W.P.(C) No.15520/2021 stated that during heavy monsoon rainfalls, the Pamba, Meenachil, Achankovil and Manimala rivers get flooded and the flood water enter the Kuttanad Region causing damage to the paddy land. The Government of India has constructed a 11 Km. long artificial water canal to drain flood water to Arabian Sea. The sand dunes created by the sea in coastal area act as a strong barrier to resist the impact of natural calamities. The sand dunes are rich of high density mineral sand like Ilmenite, Rutile, Zircon, Monazite, Leucoxene, Sillimanite and Garnet. If these sand dunes are removed, then high tidal waves will reach the land causing damage to the area. However, Mining Companies are permitted to remove the sand dune at Pozhi mouth.