KAIRALI SWAYAM SAHAYA SANGAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE contentions taken up in Writ Petition No. 29726/2008 would comprehend WP (C) 4799/2008 also. All the parties, except respondents 13 and 16 in WP (C) 4799/2008, are parties in the other writ petition also. I will therefore, refer to the facts in WP (C) 29726/2008 and disposal of the same would govern the disposal of the connected writ petition. The contention of the aforementioned respondents are also being taken note of.

(2.) PETITIONER in WP (C) 29726/2008 is a Society registered under the Travancore Cochin Charitable, Literary and Scientific Societies Act. It consists of agriculturalists in Ward No. 14 of Piravom Grama Panchayat. According to the petitioner, Ward No. 14 is surrounded by water on its three sides.

(3.) THE grievance highlighted in the writ petition relates to the alleged indiscriminate removal of clay from the paddy fields by respondents 8 to 13 in gross violation of the conditions under which licence has been issued in this regard by the Local Authority as also in violation of the conditions imposed by the Department of Mining and Geology and in certain cases, the conditions contained in the consent issued by the Pollution Control Board as well. It is contended that as per the licence issued to respondents 8 to 13, permission is granted to excavate clay up to four feet depth and there is also a stipulation that after excavating clay from the paddy field, it should be filled up and restored to its original position, so that it is fit for cultivation. It is alleged that in spite of all stringent conditions in the licence, excavation is being indiscriminately effected and most of the paddy fields are excavated up to a depth of more than 30 to 35 feet, thereby converting paddy fields into ponds. It also makes it difficult for the genuine agriculturists to go on with their agricultural activities. Though stop memos were issued by the Panchayat earlier, such stop memos have also been ignored.