S. AYYA PILLAI and THANKAMMAL P. v. KUTTOOR GRAMA PANCHAYATH and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE** **THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929** **WP(C).No. 7706 of 2008(P)** **-------------------------** **PETITIONER:** - **------------** **1. S.AYYA PILLAI, S/O.SANKU PILLAI, CHAKARAPANAYIL (CHAKRAPANIYIL), THENGELI P.O., KUTTOOR, THIRUVALLA.** **2. THANKAMMAL P., W/O.S.AYYA PILLAI, CHAKARAPANAYIL (CHAKRAPANIYIL), THENGELI P.O., KUTTOOR, THIRUVALLA.** **BY ADV. SRI.S.SUBHASH CHAND** **RESPONDENTS:** - **-------------** **1. THE KUTTOOR GRAMA PANCHAYATH, OFFICE OF THE KUTTOOR GRAMA PANCHAYATH, KUTTOOR, THIRUVALLA.** **2. SECRETARY, KUTTOOR GRAMA PANCHAYATH, OFFICE OF THE KUTTOOR GRAMA PANCHAYATH, KUTTOOR, THIRUVALLA.** **3. REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, THIRUVALLA.** **4. MADHAVAN, S/O.NEELAKANDAN, PANACHITHARA VEEDU, THENGELI P.O KUTTOOR, THIRUVALLA.** **5. SUKUMARA PILLAI, S/O.KOCHUKUNJU PILLAI KOZHIYAPUNCHAYIL, THENGELI P.O., KUTTOOR, THIRUVALLA.** **6. SABU PHILIP, S/O.PHILIPOSE, KANNATTIPUZHAYIL, THENGELI P.O., KUTTOOR, THIRUVALLA.** **7. MINIMOL PHILIP, W/O.SABU PHILIP,** **KANNATTIPUZHAYIL, THENGELI P.O. KUTTOOR, THIRUVALLA.** **BY GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **PIUS.C.KURIAKOSE, J.** - - - - - - - - - - - - - - - - - - - - - ## **W.P.(c).No. 7706 OF 2008** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6[th] day of March, 2008 ## **JUDGMENT** Petitioners are residents of 37 cents of property comprised in Survery Nos. 536/17 and 524/10 A of Kuttoor Village in Thiruvalla Taluk. Their grievance is that respondents 4 to7 who are having more than 1 acre of property on the banks of Varattar, a dying river, are indiscriminately excavating and removing earth and sand from their properties. According to them, the activity of respondents 4 to 7 is causing environmental degeneration in the locality and interferes with the ecological equilibrium. It is also alleged that it is without any licence from the local authority that respondents 4 to 7 are indulging in these activities and that even though these illegal activities of respondents were brought to the notice of the authorities, no action is so far taken on account of the clout and influence of respondents 4 to 7 with the higher ups. On these allegations, petitioners pray for the following reliefs: WPC.No.7706/08 2 “i). To issue a writ in the nature of mandamus or any other appropriate writ, or order directing respondent Nos. 1, 2 and 3 to take adequate and effective measures so as to prevent the illegal, unauthorised and impermissible conduct of sand mining operations and excavation of earth from the properties belonging to respondent Nos. 4, 5, 6 and 7 in Survey No.111/6 of Kuttoor Village and other properties adjacent to the property of the petitioners situated in old survey Nos. 536/17 and 524/10A of Kuttoor village in Thiruvalla Taluk within such time as this Hon'ble Court may deem fit and proper in the interest of justice. ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos. 1 and 2 to consider and pass final orders on Ext.P2 representation with notice and opportunity of hearing to the petitioners within WPC.No.7706/08 3 such time as this Hon'ble court may deem fit and proper in the interest of justice; iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.3 to consider and pass final orders on Ext.P3 representation with notice and opportunity of hearing to the petitioners within such time as this Hon'ble court may deem fit and proper in the interest of justice; IV) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.3 to take effective and immediate action against respondent Nos.4,5,6 and 7 restoring the ecological equilibrium in the locality invoking the principle of “Polluter Pays” within such time as this Hon'ble court may deem fit and proper in the interest of justice.” 2. I have heard the submissions of Sri.Subhash Chand, WPC.No.7706/08 4 counsel for the petitioner. I am of the view that since Ext.P2 representation submitted by the petitioner before the Secretary of the Panchayat and Ext.P3 submitted before the third respondent RDO are pending before those respective authorities, it is for those authorities to consider Exts.P2 and P3 and take appropriate action. 3. Under these circumstances, I dispose of the writ petition itself in the following terms: The second respondent is directed to take up Ext.P2 immediately, issue notice to respondents 4 to 7, hear them as well as the petitioners and take a correct and just decision on Ext.P2 in the light of the various grounds raised in the writ petition Similarly, the third respondent shall personally conduct local inspection of the areas wherefrom respondents 4 to 7 are excavating earth/sand. Thereafter 2[nd] respondent shall conduct a hearing on Ext.P3 with notice to the petitioners and respondents 4 to 7 and take appropriate action as is warranted by his own impressions in the local inspection and the arguments advanced by the parties during hearing. Needful will be done by respondents 2 WPC.No.7706/08 5 and 3 with regard to Ext.P2 and P3 respectively at the earliest and at any rate within six weeks of receiving copy of this judgment. Petitioners are permitted to place a copy of the judgment of this court in Thilakan v. Circle Inspector of Police (2008(1)KLT 141) and respondents 2 and 3 will have due regard to the observations and directions contained therein while taking decisions. **PIUS.C.KURIAKOSE JUDGE** sv. WPC.No.7706/08 6