P HARIKUTTAN KUTTIKKARA HOUSE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners are Fishermen by profession. They reside in Poochackal at Panavally, within the limits of Panavally Grama Panchayat in Cherthala Taluk. They earn their livelihood by fishing operations and collection of lime shell from the Vembanad Backwaters at Poochackal / Panavally area. Earlier there were sand hills in the Vembanad backwaters stretching over several kilometres, where there were precious natural resources. It is pointed out that over the year, such natural sand hills in the backwaters have vanished due to unauthorised removal of sand without sanction from any authority. In the place of sand hills, there are hollow pits having a depth upto 10 metres due to unauthorised removal of sand by the 'sand mafia'. Pursuant to the enactment of the Kerala Protection of River Banks (Protection and Regulation of Removal of Sand) Act, 2002, Ext. P1 prohibitory order was passed on 16/06/2007 by the District Collector, Alappuzha, prohibiting, as it were the unauthorised sand mining in the Vembanad river. There was also a direction to the Revenue, Police and Geology Departments to take strict action against the violators. Notwithstanding Ext. P1, the unauthorised removal of sand continued. The petitioners point out that fishing operations were totally paralyzed, because of huge sand pits with a depth of 10 metres. Collection of lime shell also became impossible. Though the Irrigation Department had strengthened the banks of the backwater by constructing protecting walls, the same have fallen on account of the unauthorised removal of sand. Complaints Exts. P2 to P6 did not elicit any positive response and hence this writ petition, seeking the following reliefs:

(2.) Pursuant to a direction issued by this Court, the 1st respondent has filed a statement. Paragraphs 3 and 4 of the statement read as follows:

(3.) Again, pursuant to another direction issued by this Court, the Circle Inspector of Police has filed an affidavit. Paragraphs 6 and 8 read as follows: