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2009 Supreme(Ker) 1130

V.GIRI
Lalu C. V. – Appellant
Versus
Director Of Mining And Geologykesavadasapuram – Respondent


JUDGMENT

V.Giri, J.

1. Petitioner is a farmer having an extent of 149.90 Ares of land in different survey numbers in Anakkara Village, Idukki District. He holds some wet land which is used for paddy cultivation. He had approached this Court, complaining of unauthorized mining of sand from paddy field and wet land in Anakkara and Chakkupallam Villages in Idukki District.

2. Subsequent to the filing of the writ petition additional respondents 14 to 30, were impleaded on the allegation that they are also indulging in unauthorized mining of sand from paddy fields and wet land.

3. A counter affidavit has been filed by the second respondent, Geologist. Respondent 10 to 13 have also filed a counter-affidavit. According to them they are mining sand only from dry lands, on the strength of the permit issued in this behalf by the Geologist.

4. Section 11 of the Kerala Conservation of Paddy Lands and Wet Lands Act read as follows:

"11. Prohibition on reclamation of wetland. On and from the date of commencement 6f this Act, the wetlands of the State shall be maintained as such and there shall be a total prohibition on reclamation of such wetland and removal of sand therefrom:

Provided that nothing con




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