Citation : 2021 Latest Caselaw 9960 Ker
Judgement Date : 24 March, 2021
W.P.(C)No.9801 of 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.9801 OF 2020(S)
PETITIONER:
SABU STEEPHEN
AGED 46 YEARS
S/O. LATE C. STEEPHENSON, LILLY COTTAGE,
PERUKAVU P.O. PEYAD, TRIVANDRUM - 695 573,
KERALA, MOB. 93 87 82 81 66
EMAIL. SABUSTEEPHEN [email protected] COM.
BY SABU STEEPHEN(PARTY IN PERSON)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
3 STATE OF KERALA,
REPRESENTED BY SECRETARY, FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
4 STATE OF KERALA,
REPRESENTED BY SECRETARY,
WATER RESOURCES DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
5 STATE OF KERALA,
REPRESENTED BY SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
W.P.(C)No.9801 of 2020
2
GOVERNMENT SECRETARIAT, TRIVANDRUM 695 001.
6 STATE OF KERALA,
REPRESENTED BY SECRETARY,
IRRIGATION DEPARTMENT, GOVERNMENT
SECRETARIAT, TRIVANDRUM 695 001.
7 STATE OF KERALA,
REPRESENTED BY SECRETARY, INDUSTRIES
DEPARTMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM 695 001.
8 KERALA STATE DISASTER MANAGEMENT AUTHORITY,
REPRESENTED BY MEMBER SECRETARY,
OBSERVATORY HILLS, VIKASBHAWAN P.O.
TRIVANDRUM. 695 033.
9 DEPARTMENT OF MINING AND GEOLOGY,
REPRESENTED BY DIRECTOR, DIRECTORATE
OF MINING AND GEOLOGY, KESAVADASAPURAM,
PATTOM PALACE P.O. TRIVANDRUM 695 004.
10 KERALA WATER AUTHORITY,
REPRESENTED BY MANAGING DIRECTOR,
JALABHAWAN, VELLAYAMBALAM,
TRIVANDRUM 695 033.
SRI. TEK CHAND SR GP FOR R1 TO R9.
SRI.P.BENJAMIN PAUL SC FOR R10
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.9801 of 2020
3
JUDGMENT
Dated this the 24th day of March, 2021
S.Manikumar, C.J.
The petitioner has sought for the following reliefs:
"A. To pass a writ of mandamus or order or any other writ, order or direction thereby calling upon the Respondents to complete the desilting of the River sands from all rivers in Kerala on yearly basis, before the arrival of monsoon, adopting expert scientific recommendations. B. To pass a writ of mandamus or order or any other writ, order or direction thereby calling upon the Respondents to complete the desilting of sands from all reservoirs/dams in Kerala, on yearly basis, before the arrival of monsoon, adopting expert scientific recommendations. C. To pass a writ of mandamus or order or any other writ, order or direction thereby calling upon the Respondents to establish stock-yards for sand, across Kerala, district wise or Taluk-wise, so that the general public will get quality sands for their construction purposes in a standardized fair price in a fair manner."
2. When the decisions of the Hon'ble Supreme Court on Public
Interest Litigations were explained to him that on mere paper reports,
public interest litigations should not be entertained, Mr.Sabu Steephen,
party in person, submitted that he would withdraw the writ petition and
liberty may be granted to file a fresh writ petition with supporting W.P.(C)No.9801 of 2020
documents.
Placing on record the above submission, instant writ petition is
dismissed as withdrawn. Liberty as prayed for is granted.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge vpv
/true copy/
P.A. to Judge
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