IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WA.No. 1354 of 2011() --------------------- AGAINST THE ORDER IN WPC.21221/2011 Dated 05/09/2011 .................... APPELLANT/NOT A PARTY TO W.P.(C): -------------- PONNANI MARAKKADAVU MATHSYA THOZHILALI VIKASANA KSHEMA SAHAKARANA SANGAM(LTD.) NO.DF(M) 13/93, PONNANI, MALAPPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS/PETITIONER & RESPONDENTS: --------------- 1. SOUTH MALABAR MANAL MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD., REG. NO.M 846, NARIPARAMBA P.O., PONNANI TALUK, MALAPPURAM DISTRICT REP. BY ITS CHIEF PROMOTOR & SECRETARY-IN-CHARGE, MR.P.V.NOUFEEQ-679 583. 2. THE STATE OF KERALA REP. BY ITS SECRETARY, FISHERIES AND PORT DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 3. THE PORT CONSERVATOR, PORT OFFICE, PONNANI NAGARAM.P.O., PONNANI, MALAPPURAM DIST.-679 583. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIEITES(GENERAL), MALAPPURAM P.O., MALAPPURAM DIST.- 679 501. 5. THE PURATHOOR KSHEERA ULPADAKA SAHAKARANA SANGHOM LTD. NO.22D, REP. BY ITS SECRETARY, NEAR PURATHOOR BUS STAND, PURATHOOR P.O., TIRUR TALUK, MALAPPURAM DIST.-679 583. 6. TIRUR TALUK LABOUR CONTRACT SAHAKARANA SANGHOM LTD., M 798, REP. BY ITS SECRETARY, PURATHOOR P.O., TIRUR TALUK, MALAPPURAM DIST.-679 583. ADV. SRI.JOBI JOSE KONDODY FOR R1 G.P. SRI.D.SOMASUNDARAM, FOR R2 TO R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2011, ALONG WITH WPC NOS.21221 & 25560 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1354 of 2011 & W.P.(C) Nos.21221 & 25560 of 2011 .................................................................... Dated this the 29th day of September, 2011. JUDGMENT Ramachandran Nair, J. The controversy raised in all these connected cases pertains to award of contract to various societies for manual dredging of sand in the Fisheries Port area of Ponnani. The Port area suitable for mining is divided into Zones with specific numbers, Zones 1 to 11 are sold and mining is said to be going on. Even though Zones 12 and 13 are also auctioned and mining is going on, the award of contract to these two Zones are under challenge in these W.P.(C)s. Since Zone No.14 was not auctioned to anybody, under interim order this court directed the Port to allot it to the writ petitioner in W.P.(C) No.21221/2011. This order issued by the learned Single Judge is under challenge in the above Writ Appeal. The appellant which filed the Writ Appeal has also filed a Writ Petition challenging the denial of mining rights to them. Since all the cases are connected, we have posted all these three cases W.A. 1354/11 & conn. 2 together and heard counsel appearing for all the parties and the Government Pleader for the Port authorities. The rate quoted and accepted by the Port for mining of Zone Nos.12 and 13 is Rs.960/- per tonne together with taxes and other levies payable in terms of the tender conditions. 2. After hearing all sides what we notice is that none of the societies exactly fit in to the eligibility criteria laid down in the tender conditions which provides for award of contract only to societies formed with sand mining workers. The object of such society should be sand mining work. However, it is seen that contract is awarded to Milk Producing Societies, Sand Trading Societies, Labour Contract Society and one of the petitioners in these cases is a Fishermen's Co- operative Society. Probably there may not be societies exclusively formed with sand mining workers and that could be the reason why no such society has quoted for the work. We feel a solution could be reached by treating every Labour Society to be qualified to quote for the work because the purpose is to promote the business of workers' co- operative societies. It makes no difference whether the society W.A. 1354/11 & conn. 3 members are engaged as fishermen or as mining workers or engaged in other labour contracts. So much so, we feel all these societies could be treated as qualified. Since the highest rate quoted applies to everybody, we feel what is required is to allot the mining area in an equitable manner so that every society gets some portion of the work, if possible depending on number of workers of the society. Since the allotment of work is not done in a fair and reasonable manner i.e. by eliminating some societies without stating any reason whatsoever and by accepting contract of some of the societies and since one more Zone is yet to be auctioned, we feel the entire matter requires reconsideration. Accordingly we cancel the allotment of Zones 12, 13 and 14 and direct fresh award of contract to the eligible societies but by accepting the highest bid of Rs.960/- offered along with taxes to avoid further controversy. We feel the matter could be entrusted with the District Collector, Malappuram, who in co-ordination with the officials of the Port and other concerned Departments will find out a solution with regard to allotment of the area for mining to all eligible societies. We authorise the District Collector, if required, to split the three Zones W.A. 1354/11 & conn. 4 further so that all eligible societies will get some portion of the area for mining. The District Collector is directed to convene a meeting of the societies and all other concerned and take decision at the earliest. Government Pleader will communicate this order to the District Collector and we direct all the eligible societies including the parties herein to co-operate in peaceful settlement of the matter. All works in Zone Nos.12,13 and 14 will stand suspended until the District Collector passes orders and the Collector is directed to take final decision and allot the area within two weeks from today. Writ Appeal and the W.P.(C)s. are disposed of as above. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms