K A ABDUL SALAM Vs. DISTRICT COLLECTOR ERNAKULAM

JUDGEMENT

(1.) THE petitioners claim to be workers engaged in collecting sand from the Periyar River flowing through the limits of Keezhmadu Grama Panchayat and are aggrieved by the non-inclusion of their names in the list of workers published for identifying workers engaged in sand collection, even though they claim to have been carrying out the work for the last more than eight years. THE petitioners contend that they were not included in the list only for the reason that their names do not figure in the 1998 list published by the Panchayat. THEy had earlier approached this Court by a writ petition, in which a direction was issued to the 1st respondent, District Collector, to consider their claims. In compliance with the directions so issued by this Court, Exhibit P7 order was passed. Exhibit P7 order specifically states that the petitioners have not produced any documents or material to substantiate their claim of having been engaged in the work of collecting sand from the Periyar River from 2000 onwards. THE report of the Secretary of the 3rd respondent was detailed in Exhibit P7, from which it is discernible that the 1998 list was published when there were 11 ghats within the area of Keezhmadu Panchayat, which has now been reduced to 3 in number. THE list of 1998 though contains 951 employees, it is stated in the report that the number of employees have been substantially reduced. It has also been categorically stated that the petitioners had not, at any time, engaged themselves in the collection of sand from the ghats within the Panchayat area, but were registered as country boat owners for two years, which registration was not renewed later on.

(2.) THE State Government has issued regulations by way of Exhibit R3(d) invoking the powers under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Clause (3) of Exhibit R3(d) deals with issuance of identity cards to employees who are to be enlisted for collecting sand from the Periyar River within the jurisdiction of the Panchayat and it is specifically laid down that the traditional/existing workers should be granted a preference and that regular employment to such workers should be guaranteed by the Local Self Government institutions while preparing the list of workers and enlisting persons therein. It has also been categorically laid down that new workers shall not be included in the list. THE object behind the enactment of the Act was to protect river banks and river beds from large scale dredging of river sand and to protect their biophysical environment and regulate the removal of river sand and for matters connected therewith or incidental thereto. It is in implementation of the said object that the guidelines were issued and the prohibition against inclusion of new workers is in consonance with the spirit and tenor of the enactment.