IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 1458 of 2008(W) ------------------------- PETITIONER: ------------ A. BASHEER KOYA, MANAGING PARTNER, M/S. CRESCENT CONSTRUCTION COMPANY, TC.39/1295, POOJAPPURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, INLAND NAVIGATION DIRECTORATE, ASRAMOM P.O.,KOLLAM 3. THE EXECUTIVE ENGINEER, INLAND NAVIGATION DIVISION, KOLLAM. 4. THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 5. THE CITY COMMISSIONER OF POLICE, OFFICE OF THE CITY COMMISSIONER OF POLICE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 6. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 7. S.I. OF POLICE, THUMPA POLICE STATION, THIRUVANANTHAPURAM. 8. MANU, S/O. KESAVAN, LAKSHAM VEEDU, KORALAMKUZHY, KULATHUR P.O., ATTIPRA VILLAGE, THIRUVANANTHAPURAM,PIN-695 583. WPC 1458/2008 9. SALIM, S/O. ABDUL VAHAB, PULIMUTTAM THOPPIL VEEDU, VALIYAVELI, ATTIPRA PANCHAYATH, PONDKADAVU,THIRUVANANTHAPURAM, PIN-695 021. ADDL. RESPONDENT: 10. R.AJAIKUMAR, KURUPPAN VILAKOM, KULATHOOR P.O., KAZHAKKOOTTAM. (IMPLEADED VIDE ORDER DATED 16.1.2008 IN I.A.NO.835/08) BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR GOVERNMENT PLEADER SRI.P.A.SALIM. SRI.AJAYA KUMAR. G THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Balakrishnan Nair, J. No representation. Dismissed. 14.2.2008. SD/- K.BALAKRISHNAN NAIR, JUDGE. SD/- P.N.RAVINDRAN, JUDGE. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.1458 OF 2008 ----------------------------------------------------- DATED THIS THE 27th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner was awarded the execution of the work TFC- Development of Inland Waterway Main Canal from ISRO Bridge to Kadinamkulam Kayal Reach I, II and III by the Inland Navigation Department. The agreements entered into between the petitioner and the Department are Exhibits P1, P1(a), P1(b) and P1(c). The petitioner approached this Court alleging that the local people are causing obstruction to the execution of the work. During the course of the hearing, certain disturbing facts were brought to light. The spoil dredged from the canal was found to contain 97% sand on analysis. The petitioner who removes the sand from the canal was appropriating it by paying only Rs.10 per metric tonne. The sand escavated during execution of the work belongs to the Government. But the Government paid the petitioner for escavating and removing the spoil. All these facts were brought to the notice of the Government. Now, the W.P.(C)No.1458/08 -2- Government have filed a statement, stating that they have decided to recover the value of the sand removed by the petitioner. We record the above submissions made by the Government. The learned counsel for the petitioner submitted that the petitioner does not require any orders for police protection from this Court. In view of the said submission, the writ petition is closed. But, the closure of the writ petition shall not stand in the way of the Government proceeding against the petitioner as submitted in its statement, in accordance with law. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn