LAWS(KER)-2009-10-49

UPPUTHARA GRAMA PANCHAYAT Vs. DIRECTOR OF PANCHAYATS

Decided On October 28, 2009
UPPUTHARA GRAMA PANCHAYAT Appellant
V/S
DIRECTOR OF PANCHAYATS Respondents

JUDGEMENT

(1.) The 1st petitioner is the Upputhara Grama Panchayat. The 2nd petitioner is the President and the 3rd petitioner is a member of that Grama Panchayat. This Panchayat has three authorised kadavus, as defined in S.2(e) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (herein after referred to as 'the Act'). Regarding yet another kadavu, the matter is pending consideration before this Court.

(2.) The complaint of the Grama Panchayat is that there is large scale unauthorised mining of sand from Thapasi kadavu, which is one among the kadavus of the Panchayat. It has pleaded that it has material even in the form of video clippings to that effect. The specific allegation is about the operations of the sand mafia. The Panchayat is unable to control the situation and seeks orders for the intervention of the District Collector, Idukki, the Superintendents of Police and different police officers under his command. The Director of Panchayat is also made a party to this Writ Petition.

(3.) I heard the learned counsel for the petitioner and the learned Government Pleader.