BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Application No.436 of 2013 (SZ) W.P.No.972 of 2012 ( High Court) In the matter of

1. T.K.Kunhamu Haji S/o Abbas Haji Thodayar House, P.O., Kumbla District. ...Applicant

AND

1. The Puthige Grama Panchayath Puthige, Kumbla, 671 321 Rep. by its Secretary.

2. The President, Puthige Grama Panchayath &, Chairman of the Kandalkodi, Perimugar and Puthige Kadavu’s Puthige, Kumbla, Kasaragod District 671 321.

3. The District Collector, Kasaragod and Chairman of the District Expert Committee under the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001, Kasaragod 671 121

4. The District Police Chief, Kasaragod 671 121

5. State of Kerala rep. by Chief Secretary Secretariat, 695 001

.. Respondents Counsel appearing for the applicant:

M/s.M.Sasindran, & Venugopal V

Counsel appearing for the Respondents:

Smt.Vidhyalakshmi Vipin for R2 Smt.Suvitha A.S. for R3 to R5 O R D E R

Present

Hon’ble Shri Justice Dr.P. Jyothimani, Judicial Member

Hon’ble Prof.Dr.R. Nagendran, Expert Member

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19th October, 2015

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There is no representation on behalf of the applicant. The records show that the applicant has not been appearing throughout.

2. The prayer in the application is for a direction against 3rd and 5th respondents to close down the Kandalkody, Perimugar and Puthige Kadavus sanctioned in Angadimogru and

Puthige river in the 1st respondent Panchayath and also for a direction against the above 3rd and 5th respondents to ensure that only permitted load and quantity of sand are removed from the river beds and river banks as stated above apart from other reliefs.

In the reply filed by the 3rd respondent, the District Collector, Kasarakod has stated in uncertain terms as below:-

“It is respectfully submitted that there have been many complaints regarding the illegal sand mining from the above mentioned authorised Kadavus. The Special Squad consisting of Police and other officials with the Tahsildar, Kasaragod as the head has conducted a surprise inspection at the Kadavus of Puthige Panchayath and found out that sand was being mined from the river and brought to shore by way of JCB and lorries and therefore the above mentioned vehicles were seized by the squad. Reportedly complaints regarding the violations of the Act and Rules have been obtained from various sources and therefore removal of the sand from all authorised kadavus of Puthige Grama Panchayath have been suspended by this respondent w.e.f. 18.01.2012 vide this office ref. No.14954/07/G5 dated

18.01.2012 on the basis of the report from the Tahsildar, Kasaragod.”

A reading of the said para makes it clear that Kadavus in question against which complaints have been received of illegal sand mining have been closed.

In such view of the matter, we see no reason to keep the application pending as the prayer asked for by the applicant is met with by the respondents. Accordingly, the application is closed with a direction to the official respondents to continue to supervise so that the illegal sand mining is prevented at any cost.

We also make it clear that in the event of failure on the part of official respondents in performing such functioning, it will be open to the applicant or any other person to approach this Tribunal.

With the above direction the application stands closed.

There shall be no order as to cost.

Justice Dr.P. Jyothimani Judicial Member

Prof.Dr.R.Nagendran Expert Member