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UPPUTHARA GRAMA PANCHAYAT, UPPUTHARA PO versus THE DISTRICT COLLECTOR, IDUKKI

High Court of Kerala

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UPPUTHARA GRAMA PANCHAYAT, UPPUTHARA PO v. THE DISTRICT COLLECTOR, IDUKKI - WP(C) No. 9480 of 2007(C) [2007] RD-KL 7322 (9 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9480 of 2007(C)

1. UPPUTHARA GRAMA PANCHAYAT, UPPUTHARA PO,
... Petitioner

Vs

1. THE DISTRICT COLLECTOR, IDUKKI.
... Respondent

2. THE TAHSILDAR, PEERUMADU.

3. THE GEOLOGIST, IDUKKI DISTRICT,

4. THE ASSISTANT WILD LIFE WARDEN, IDUKKI,

For Petitioner :SRI.K.JAJU BABU

For Respondent :SRI.RANJITH THAMPAN,SPL.G.P.,FORESTS

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :09/04/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C)No.9480 of 2007
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Dated: 9th April, 2007



JUDGMENT

Mr.Renjith Thampan, Special Government Pleader (Forests) concedes that auction was permitted by the District Collector to be conducted in respect of the Kadavus within the limits of the Kanchiyar Panchayat. In view of the obvious position that the petitioner- Panchayat and the Kanchiyar Panchayat are on the opposite sides of the same river, I do not find any reason for the discrimination. Mr.Thampan further submits that the stand of the Forest Department is consistent, that mining of sand from the Kadavus within the petitioner Panchayat and the Kanchiyar Panchayat comes within the Full Reserve Level (FRL) as evident from Ext.R4(a). I notice that notice similar to Ext.R4(c) was issued in respect of Kanchiyar Panchayat also. If at all auction was conducted, the same is in violation of Ext.R4(c) and the Kanchiyar Panchayat and the persons will be liable for proceeded against, so submits Mr.Thampan. Under these circumstances, I dispose of the Writ Petition issuing the following directions: The petitioner-Panchayat is permitted to conduct public auction in accordance with Exts.P1 and P5 for removal of sand from Ambalamkadavu. However, it is made clear that such auction and W.P.C.No.9480/07 - 2 - removal of sand by the Panchayat will be without prejudice to the powers of the Forest Department to take action. But the action, if at all will be taken simultaneously against the petitioner-Panchayat and the Kanchiyar Panchayat.

srd PIUS C.KURIAKOSE, JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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