IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 4 OF 2011 IN WRIT PETITION NO. 855 OF 2009 SEA SCAN MARINE SERVICES PVT. LTD AND ANR., ... Applicants Versus CAPTAIN OF PORTS AND 4 ORS. ... Respondent Mr. S. D. Lotlikar, Senior Advocate with Mr. Kankonkar, Advocate for the applicants. Mr. M. Salkar, Addl. Govt. Advocate for respondents No.1 and 2. Mr. Mahesh S. Sonak, Advocate for respondents No.3, 4 and 5. Coram:- S. C. DHARMADHIKARI & F. M. REIS, JJ. Date:- 23rd March, 2011 P.C.:- The petition under Article 226 of the Constitution of India in which this civil application is filed, is already admitted and the principal relief that is sought therein is that the notice dated 16/9/2009 Exhibit "K" be quashed and set aside and that this Court should issue a writ of mandamus or any other appropriate writ, direction or order, or a writ in the nature of mandamus, directing respondents No.1 and 2 not to grant any permissions/NOCs for permanent berthing of vessels at the RND Jetty, at Panaji. 2. Liberty was granted to apply for interim reliefs, in terms of the order admitting the writ petition. 3. Accordingly, this civil application has been filed for interim orders, pending the hearing and final disposal of the writ petition, to restrain respondents No.2, 3 and 5 from berthing their vessels at the RND Jetty, at Panaji. From a reading of the application, together with the prayers, it is apparent that what the petitioners are seeking is to restrain permanent berthing by respondents No.3, 4 and 5. Respondents No.3 to 5 have filed their affidavits-in-reply, denying that they are permanently berthing their vessels at the said jetty. The petitioners have annexed certain photographs to show that the berthing is permanent; whereas the respondents rely on their set of photographs and urge that they were never permanently berthing their vessels, but as soon as the passengers disembark, the vessels sail and the said photographs would demonstrate that they are at high seas. 4. It appears that the Government of Goa, through the River Navigation Department promulgated certain guidelines for allotment of space/area at the jetties. A copy of Office Memorandum dated 14/02/2011 is placed on record by the learned Addl. Govt. Advocate. He submits that there are several jetties in the State and they are used for disembarking of passenger vessels and also to load and unload certain goods. Therefore, the State is considering framing of Rules to regulate the activity. However, till such Rules are in place, the Guidelines for allotment of space/area at the jetties would be applicable. The State is even ready and willing to take such measures as would prevent permanent berthing of the vessels and one of the suggestions that has been made by the learned Addl. Government Advocate is that an Officer will be appointed at the RND Jetty, at Panaji, who will enter the details of each vessel which has been permitted to use the said jetty by inserting in a log book/register the time of entry and exist of the said vessel. The details in relation to each vessel which will be maintained in this logbook/register, would be initialed by the user of the said jetty/owner of the vessel, and the said Officer. This would be against an entry in relation to each vessel. The entries would be maintained in the said logbook/register for every day when the jetty is permitted to be used. The logbook/register shall contain the details of the permissions at the first instance, the name of the owner/user of the jetty and the period for which the user is permitted. Thereafter, against the name of the owner of the vessel/user of the jetty, the details as above, would be incorporated and inserted. The name of the vessel, therefore, needless to state, must appear in such details. 5. In the light of these statements made, which are accepted as an undertaking to this Court, we are of the view that no interim orders and particularly as prayed, need be made at this stage. Needless to further state that these statements are accepted without prejudice to the rights and contentions of the parties. 6. As far as display of sign boards and advertisements are concerned, although several allegations are made by the petitioners which are denied by the respondents in their reply, we are of the opinion that the petitioners are at liberty to seek such reliefs as are permissible in law by taking recourse to the remedies available to them. Civil Application is disposed of. S. C. DHARMADHIKARI, J. F. M. REIS, J. ssm.