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2009 Supreme(Ker) 273

S.R.BANNURMATH, KURIAN JOSEPH
Paristhithi Samrakshana Samithi – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:P.B. Sahasranaman, K. Jagadeesh, S. arikumar, Advocates. For the Respondent:K. Meera (Govt Pleader), H. raveen, Anwin Gopakumar, A. Jayasankar, Manu Govind, Advocates.

Judgment :-

Kurian Joseph, J.

1. This is a public interest litigation filed by the Paristhithi Samrakshna Sangham, mainly with the following two prayers:

i. To issue a writ, direction or order in the nature of mandamus commanding the respondents to conduct sand audit as contemplated under Sec. 29 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 in respect of Periyar River forthwith, before allowing sand mining in the said river;

ii. To issue a writ, direction or order in the nature of mandamus commanding the respondents not to allot any Kadavus within 500 meters from any Irrigation works as contemplated under Kerala irrigation and Water Conservation Act, 2003.

2. When the writ petition came up for admission it was brought to our notice that sand audit as required under Section 29 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 has not been conducted since the last five years. The Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, hereinafter referred to as ‘the Act’, is intended to protect river banks and river beds from large scale dredging of river sand and to protect their biophysi

























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