CHANDRASEKHARAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Original Petition is filed by three residents of pattazhi Vadakkekara Panchayat in Quilon District. They have properties on the northern bank of Kallada river. They have filed this Original Petition praying for the issue of a writ of mandamus directing the State of Kerala, the District collector, Quilon and the Tahsildar, Pathanapuram to take appropriate action to see that the removal of sand from Kallada river carried on at the Konnaman kadavu is stopped forthwith, for the issue of a direction to the said respondents to see to it that there is no further removal of sand from the river bed at Konnaman Kadavu at least until such a time an expert body constituting of the representatives of the Pollution Control Board and Central Water authority certify that sand could be removed and for such other appropriate directions. The petitioners essentially complain that there is over exploitation of the river by auctioning of the right to collect and remove sand by contractors who have no commitment to the environment or to the preservation of Ecology and who are only concerned with self-aggrandizement. The Original petition is resisted by the contractor for the current year impleaded as respondent No. 4. But it must be noticed that his year has run out and the state has also stopped from 1. 4. 1998 auctioning of the right to collect sand from certain specified rivers including Kallada river. As directed by this court, respondents 1 to 3 have also filed a counter affidavit to the Original petition in which it is printed out that the State has now drawn up certain norms in that behalf.

(2.) IN this Original Petition, in C. M. P. 26512 of 1997, a petition for the issue of an interim direction this court issued a direction to the State Pollution Control Board as follows: "senior Environmental Engineer of Pollution Control board or any other Engineer next in the rank of the said Environmental Engineer shall conduct an inspection in Konnaman Kadavu of Kaillada river in Pattazhi vadakkek;ira with notice to the Secretary to the Grama Panchayat, the first petitioner and the fourth respondent and furnish a report on the following aspects: 1. Whether the extraction of sand from the said kadavu is in accordance with the conditions contained in Ex t. P4; 2. Whether the extraction of sand causes environmental de-gradation;

(3.) IN the counter affidavit dated 17. 2. 1998 filed on behalf of the State itis stated that the Government had considered the relevant aspects in detail and had issued specific restrictions for the collection of sand from Bharathapuzha on the basis of directions issued by this Court in O. P. 15971 of 1997. The restrictions imposed are set out in the counter affidavit as follows: 1. Passes are to be issued for the transporting of sand to other Slates and sales tax is to be imposed for the inter-state transaction of sand. 2. District Collectors are to appoint Expert Committees as to fix the quantity of the sand which can be collected from each shutter. The district Collector has to take decision on the recommendations of the Committee and sanction should be accorded to the Panchayats and Municipalities thereafter. 3. The Expert Committee has to estimate the quantity of the sand twice in a year and submit report for the long time action plan. 4. Check posts are to be maintained on each shutter at the cost of the Panchayat concerned and watchman should be appointed there. 5. Identity cards are to be issued to the existing workers engaged in the collection of sand by the Tahsildar with the co-operation or 'the local bodies concerned.