IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 5861 of 2011(G) ------------------------- PETITIONER(S): --------------- M/S.SREE NARAYANA CONSTRUCTIONS(PVT)LTD, SREENIVAS,OPP:K.S.R.T.C,BUS STATION, KOLLAM-691 001,REPRESENTED BY ITS CONSTRUCTION MANAGER,R.PUSHPANGADAN. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,WATER RESOURCES DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD,38/924-A,UDAYANAGAR ROAD, GANDHI NAGAR,KOCHI-682020,REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE DISTRICT COLLECTOR,ALAPPUZHA, PIN-688 001. 4. THE DISTRICT GEOLOGIST,ALAPPUZHA, PIN-688 001. 5. PERUMBALAM GRAMA PANCHAYATH,PERUMBALAM, CHERTHALA,REPRESENTED BY ITS SECRETARY, PIN-688 570. 6. K.K.REGHUVARAN,KOIPARAMBU VEEDU, PERUMBALAM.P.O,CHERTHALA. ADV. SRI.V.J.MATHEW,SC,KSINC(KERALA SHIPPING FOR R2 DR.V.N.SANKARJEE FOR R6 SRI.A.V.CHARLES FOR R6 SRI.M.R.NANDAKUMAR FOR R5 GP SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5861 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE WORK ORDER DATED 15.5.10 ALONG WITH AGREEMENT DATED 26.5.10 EXT.P2- TRUE COPY OF THE WORK ORDER DATED 15.5.10 ALONG WITH AGREEMENT DATED 26.5.10 EXT.P3- TRUE COPY OF THE RESOLUTION DATED 10.6.10 OF THE 5TH RESPONDENT PANCHAYAT EXT.P4- TRUE COPY OF THE SANCTION LETTERS DATED 20.7.10 OF THE INLAND NAVIGATIONO DIRECTORATE EXT.P5- TRUE COPY OF THE JUDGMENT DATED 19.7.10 IN W.P.(C).21527/10 EXT.P6- TRUE COPY OF THE STOP MEMO DATED 13.8.10 OF THE 5TH RESPONDENT EXT.P7- TRUE COPY OF THE INTERIM ORDER DATED 22.10.10 IN W.P.(C).30517/10 EXT.P8- TRUE COPY OF THE LETTERS DATED 12.10.10 OF THE 2ND RESPONDENT EXT.P9- TRUE COPY OF THE ORDER DATED 4.12.10 OF THE 3RD RESPONDENT EXT.P10- TRUE COPY OF THE PETITION DATED 15.12.10 OF THE PETITIONER TO THE 2ND RESPONDENT EXT.P10(a)- TRUE COPY OF THE LETTER DATED 15.12.10 OF THE PETITIONER TO THE 2ND RESPONDENT EXT-P11- TRUE COPY OF THE JUDGMENT DATED 22.12.10 IN W.P.(c).38069/10 EXT.P12- TRUE COPY OF THE ORDER DATED 3.2.11 OF THE 3RD RESPONDENT EXT.P13- TRUE COPY OF THE PETITION DATED 11.2.2011 OF THE PETITIONER TO THE 3RD RESPONDENT EXT.P14- TRUE COPY OF THE PROCEEDINGS DATED NIL SERVED ON THE PETITIONER ON 17.2.03 OF THE 2ND RESPONDENT EXT.P15- TRUE COPY OF THE PETITION DATED 19.2.11 OF THE PETITIONER TO THE 2ND RESPONDENT (TRUE COPY) P.A TO JUDGE P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).5861/2011 .............................................. Dated this the 2nd day of June, 2011 JUDGMENT Petitioner has approached this Court with the following prayers:- (i). To issue a writ of mandamus or any other appropriate writ or order quashing Ext.P9 and P12 order (ii). To issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to lift the prohibitory order passed in Exts.P9 and P12 in view of Ext.P14 proceedings of the 2nd respondent (iii). To issue a writ of mandamus or any other appropriate writ or order directing respondents to permit the petitioner to remove 2500M3 of soil already dredged and stored in the dumping yards which has become the property of the petitioner as per Ext.P1 and P2 work order and agreements (iv). To issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to extend the time for execution of the work under Exts.P1 and P2 for a period of six months from 1.1.2011 considering the continuation of stay order passed by the District Collector (v). To issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent, in the event of Exts.P9 and P12 orders could not be withdrawn, to close Ext.P1 and P2 agreements without any risk and cost on the petitioner effecting payment for the work done and also adequate compensation including the value of soil already dredged and stored in the dumping yards of the petitioner. W.P.(C).5861/11 2 2. The learned counsel for the petitioner submits that a work was awarded to the petitioner by the second respondent, pursuant to the entrustment of the work assigned by the first respondent/Government to be carried out by the second respondent, and the petitioner was earnestly proceeding with the same; which however, happened to be intercepted by some proceedings filed by the interested persons concerned referring to infringement of the relevant provisions of the environmental statutes stated as connected with the dredging operations to be carried out by the petitioner. In the course of the proceedings, the third respondent passed Ext.P9 order on 4.12.2010 asking the petitioner to stop the activities and filed Ext.P16 report dated 3.1.2011 before the first respondent (produced along with the reply affidavit dated 28.5.2011 filed by the petitioner). The learned counsel for the petitioner submits that in view of Ext.P16, the matter has to be considered and finalized by the first respondent so as to solve the situation. 3. Heard Mr.V.J.Mathew, the learned Standing Counsel appearing for the second respondent, Mr.M.R.Nandakumar, the learned Standing Counsel appearing for the fifth respondent/Panchayat, Mr.V.N.Sankarjee, the learned counsel W.P.(C).5861/11 3 appearing for the sixth respondent and Mr.T.K.Aravindkumar Babu, the learned Government Pleader appearing for respondents 1, 3 and 4. 4. Considering the facts and circumstances, the first respondent is directed to finalize the proceedings pursuant to Ext.P16 report submitted by the third respondent, passing appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner and others concerned. Proceedings shall be finalized as above at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment. 5. Petitioner shall produce a copy of this judgment along with a copy of the writ petition and other proceedings including the reply affidavit before the first respondent for taking further steps. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs