IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 WP(C).No. 14169 of 2010(U) -------------------------- PETITIONER(S): -------------------- ROBERT.S, S/O.SASIDHARAN, OMANAVILASOM, CHOZHIYAKKODU.P.O., KULATHUPUZHA, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT(S): ----------------------- 1. THE SECRETARY, VANA SAMRAKSHANA SAMITHI (VSS), MILPPALAM, CHOZHIYAKKODU.P.O, KOLLAM DISTRICT. (SECTION FORESTER, MYLAMOODU FOREST SECTION). 2. THE FOREST RANGE OFFICER, KULATHUPUZHA, KOLLAM DISTRICT. 3. CHIEF CONSERVATOR OF FOREST, VAZHUTHAKKADU, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, KOLLAM. GOVT.PLEADER SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 14169 OF 2010 (U) ===================== Dated this the 4th day of May, 2010 J U D G M E N T Petitioner alleges that he has entered into Ext.P1 agreement with the respondents for transportation of 5,000 M3 river sand from MilppalamKadavu to Kalavara established by the Forest Department. According to him, though he has been transporting river sand in compliance with the agreement conditions, for malafide reasons, he was issued Ext.P4 show cause notice containing allegations of unsatisfactory performance of the agreement conditions and alleging that he has been transporting only meagre quantity of river sand. It is stated that on receipt of Ext.P3, he has filed Ext.P4 reply to the 1st respondent and that without considering the reply, steps are being taken to cancel the agreement. It is with this grievance, the writ petition is filed. 2. If as stated by the petitioner, he has filed Ext.P4 reply to Ext.P3 notice, necessarily the 1st respondent shall consider the same with notice to him before any coercive action is taken. Having regard to the case of the petitioner that Exts.P3 and P4 are still pending before the 1st respondent, it is directed that the 1st respondent shall WPC No. 14169/10 :2 : consider Ext.P3 in the light of Ext.P4 reply filed by the petitioner as expeditiously as possible on the production of a copy of this judgment. It is directed that till orders as passed as above, status quo as on date in so far as Ext.P2 agreement is concerned, shall be maintained. 3. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp