SURESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The captioned writ appeal and the public interest writ petition are materially connected in respect of removal of a sandbar from the Thottappally Spillway region in Alappuzha district, and the segregation of the atomic mineral from the sand so removed. Therefore, with the concurrence of all parties, they were heard together and proposed to pass this common judgment. The fundamental issue raised by the appellant and the petitioners is that in the guise of removal of the sand bar for flood management and mitigation invoking the Disaster Management Act 2005, mining is being carried out without securing adequate clearances from the respective statutory authorities.

(2.) Writ Appeal No. 1643 of 2021 is filed by the writ petitioner challenging the judgment of the learned Single Judge dtd. 17/11/2021 in W. P. (C) No. 15520 of 2021 whereby the learned Single Judge dismissed the writ petition basically holding that there is no sand mining taking place at Thottappally Spillway consequent to removal of the sandbar, but the sandbar is removed invoking the powers under the Disaster Management Act, 2005 (Act 2005), in order to protect the people of Kuttanad area from flooding. It was also found that Sec. 72 of the Act 2005 has an overriding effect over the provisions of other laws, since it is intended to protect the very life of the citizens, without which the words right, liberty, o freedom and even the word Constitution will have no meaning.

(3.) In the public interest writ petition, the petitioner is the President of a registered trade union said to be constituted for the protection and welfare of fishermen community in the State of Kerala. In the said writ petition, petitioner seeks to set aside Ext. P18 resolution passed by the Purakkad Grama Panchayat dtd. 9/9/2021 whereby the Panchayat has decided to cancel the stop memo dtd. 1/6/2020 issued by the Secretary to the Kerala Minerals and Metals Ltd., requiring to stop mining of sand from Thottappally Pozhimugham (river mouth) and for a further writ of mandamus to restrain Kerala Minerals and Metals Ltd. (KMML) Kollam, Indian Rare Earths (India) Ltd. (IREL), Mumbai and Laxyo Energy Ltd., Madhya Pradesh, respondents 9 to 11, from functioning the atomic minerals separation plant installed in the CRZ prohibited zone, without getting clearance and sanction from the CRZ authorities as contemplated under the Coastal Regulation Zone notification, 2011.