The main legal point established in the judgment is the importance of regulating clay excavation from paddy fields to ensure compliance with licensing conditions, reclamation of lands, and ecological sustainability.

The contentions taken up in Writ Petition No.29726/2008 would comprehend W.P.(C). 4799/2008 also. All the parties, except respondents 13 and 16 in W.P.(C). 4799/2008, are parties in the other Writ Petition also. I will therefore, refer to the facts in W.P.(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 W.P.(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 upto 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 upto 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.

4. Reference is made to the directions issued by a Bench of this Court in O.P.34220/2000. The directions in paragraph 6 (iv) of the judgment merits reproduction.

"All the Panchayats in the State are directed not to issue any licence for manufacture of production of bricks or other articles out of mud, clay or earth unless the person who applies for licence specifies in the application the source from which he proposes to obtain clay, earth or mud. On such disclosure being made, the Panchayat will verify the lands specified and only thereafter grant licences or permissions under the Panchayat Raj Act for starting or running any industry or manufacture or process based on clay, earth or mud and bearing in mind the relevant laws including the Kerala Land Utilization Order."

5. It is contended that in spite of the specific directions, the Panchayat authorities continued to issue licence to various persons in violation of the directions issued by this Court. Hence the Writ Petition praying for the following reliefs:-

(i) Issue a writ of mandamus or any other writ, order or direction and thereby command respondents 2 to 7 to take immediate steps against the licensees who have stored huge quantity of clay illegally from the paddy field in their premises and also take necessary steps to restore the paddy fields into its original position by filling the ponds existing the clay illegally stored by the respondents 8 to 15 and other similarly placed persons.

(ii) Issue a writ of mandamus or any other appropriate writ or order or direction and thereby command the respondents 2 to 7 to take immediate steps to implement the conditions in the licences i.e., to restore the paddy field into its original position by filling the same with red soil for making it useful for paddy cultivation.

(iii). Issue a writ of mandamus or any other appropriate writ or order or direction and thereby command the respondents 2 to 7 not to issue any fresh license for excavation of clay from the paddy fields situated in Ward No.XIV of Piravom Grama Panch