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2011 Supreme(Ker) 1022

J.CHELAMESWAR, ANTONY DOMINIC
Mahesh Ram – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. V. Sethunath, Prakash Kesavan
For the Respondents: Benny Gervasis, V. Krishna Menon, T.P. Pradeep, C.B. Sreekumar, P.B. Sahasranaman

JUDGMENT :

J. Chelameswar, J.

The Writ Petition is filed with the prayers as follows:

"1. Issue a writ of certiorari to quash Ext.P1 order passed by the 2nd respondent and declare that the sand mining ordered by the 2nd respondent without the decision of the District Expert Committee and without complying Rule 30 of the rules appended to the Act 18 of 2001 is illegal.

2. Issue a writ of mandamus or any appropriate writ, order or direction to the third respondent to conduct a study under rule 30 of the rules appended to the Act 18 of 2001, in the rivers in the Pathanamthitta District and report to respondents 1 & 2.

3. Grant such other relief as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case."

2. There are various restrictions under the Kerala Protection of river Banks and Regulation of Removal of Sand Act, 2001 on the activity of removing sand from the river beds/river banks. One of the restrictions is that an Expert Committee contemplated under Section 7 of the Act shall identify the "Kadavu" or river bank in a district in which the sand removal may be permitted. Further the said Committee is also required to "fix the total quantity of sand t













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