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2009 Supreme(Ker) 875

THOTTATHIL B.RADHAKRISHNAN
Upputhara Grama Panchayat Rep By, Its President – Appellant
Versus
Director of Panchayats – Respondent


Advocates Appeared:For the Petitioners:K. Jaju Babu, M.U. Vijayalakshmi, Brijesh Mohan, T.R. Sadeesan, Dhanya Chandran Advocates. For the Respondents: I.V. Pramod, Govt. Pleader.

Judgment :

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 Section 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.

4. The Act in hand was enacted to protect the river banks and river beds from lar























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