UPPUTHARA GRAMA PANCHAYAT Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Upputhara Grama Panchayat has come up with this writ petition challenging Ext.P6 order of the 3rd respondent- Assistant Wild Life Warden, prohibiting the Panchayat from auctioning sand from one of kadavus in the Periyar river running through the Upputhara Grama Panchayat. THE petitioner's contention is that the District Collector, who is the appropriate authority to prohibit or permit mining of sand, has already permitted the petitioner to mine sand from the said kadavu as is evident from Ext.P3 letter dated 9.11.2006 from the District Collector to the Grama Panchayat. THE petitioner also submits that in Ext.P5 judgment in W.P.(C).No. 9480/2007 filed by the petitioner, this Court also permitted auctioning of sand by the petitioner. In such circumstances, the 3rd respondent-Assistant Wild Life Warden has no manner of right to restrict the petitioner from mining sand from the particular kadavu is the contention raised by the petitioner. THE petitioner seeks the following reliefs:

(2.) THE 3rd respondent has filed a statement today supporting his action.

(3.) THE petitioner shall file an appropriate petition before the 1st respondent seeking appropriate reliefs in the matter. THE 1st respondent shall consider the matter after consulting the District Collector, Idukki and the Assistant Wild Life Warden, Painav, and take a decision in the matter, which should be in the interest of the environment and ecological balance of the State. Orders in this regard shall be passed by the Government, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment.