IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 5023 of 2011(C) ------------------------- PETITIONER: --------------- THAIKKADAVU MALSYA THOZHILALI DEVELOPMENT & WELFARE CO-OPERATIVE SOCIETY, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FISHERIES & PORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PORT CONSERVATOR, PORT OFFICE, PONNANI NAGARAM (PO), PONNANI, MALAPPURAM DISTRICT. 3. THE CENTRE FOR EARTH SCIENCE STUDIES (CESS), REPRESENTED BY ITS DIRECTOR, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, (CHAIRMAN DISTRICT LAND EXPERT COMMITTEE CONSTITUTED UNDER ACT 18 OF 2001), COLLECTORATE, MALAPPURAM. 5. THE REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM. 6. THE TAHSILDAR, PONNANI TALUK OFFICE, MINI CIVIL STATION, PONNANI NAGARAM (PO), PONNANI, MALAPPURAM DISTRICT. 7. THE GEOLOGIST, MINING & GEOLOGY, DISTRICT OFFICE, MANJERI (PO), MALAPPURAM DISTRICT. BY SR.GOVERNMENT PLEADER ADV. SHRI P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No . 5023 OF 2011 ......................................................................... Dated this the 28th February , 2011 J U D G M E N T The petitioner, who is a co-operative society has approached this Court seeking for a direction to the second respondent to grant permission to the petitioner for manually dredging and removing the sand as stipulated in Ext. P1 Government Order. It is stated that Ext.P2 application preferred by the petitioner in tune with Ext. P1 is still pending consideration. 2. Heard the learned Government Pleader, who submits with reference to the materials on record that the Government has issued Ext. P1 making it clear that only societies registered under Kerala Co-operative societies Act, 1969 having a valid permit issued by the Conservator of Ports in the prescribed form will be given permission for dredging in port limits. It is also stated that the application preferred by the petitioner was considered by the Port Conservator and Ext. P3 communication was issued on 20.11.2010, turning down the same in view of the decision already taken not to grant permission in respect of W.P.(C) No . 5023 OF 2011 2 opening of any new 'Kadavu' in Tiroor Revenue Divisional area. It is stated that only three co-operative societies have been given permission and when more and more applications were preferred, taking note of the entire facts and figures, the 4th respondent/District collector convened a meeting and it was decided that no new permits were to be given for the time being. It was pursuant to the said decision, that the application of the petitioner was considered, leading to Ext. P3. In the above circumstance, this Court does not find any tenable ground to call for interference. There is nothing wrong or malafide on the part of the respondents for having turned down the request made by the petitioner. Interference is not warranted and the writ petition is dismissed, however making it clear that the petitioner is at liberty to make appropriate application when there is change in policy. The writ petition is dismissed. P.R. RAMACHANDRA MENON, JUDGE. lk