IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WA.No. 558 of 2009(A) --------------------- AGAINST THE JUDGEMENT IN WPC.35813/2008 Dated 03/02/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. M/S. VICTORY MARITIME AGENCIES, (SHIPPING AND C & F AGENTS), NEAR CITY POST OFFICE, KANNUR-670003, REPRESENTED BY ITS MANAGING PARTNER P.P.FAROOQ, S/O. ABDUL KHADER, AGED 50, R/AT "HIRA", NEAR MANIKKAKAVU, P.O.THANA, KANNUR-670012. 2. P.P.FAROOQ S/O. ABDUL KHADER, AGED 50 YEARS, BUSINESSMAN, MANAGING PARTNER OF M/S. VICTORY MARITIME AGENCIES, R/AT "HIRA", NEAR MANIKKAKAVU, P.O.THANA, KANNUR-670012. 3. P.P.MOHAMMED ASHRAF S/O. HAMEED, AGED 51 YEARS, BUSINESSMAN, PARTNER OF M/S.VICTORY MARITIME AGENCIES, R/AT "SAFOORAS", POOTHAPARA, AZHIKODE, KANNUR-670009. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.R.SURENDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SENIOR PORT CONSERVATOR, AZHEEKKAL PORT, KANNUR. 2. THE PORT OFFICER OF KOZHIKODE, P.O.BEYPORE, KOZHIKODE DISTRICT. 3. THE DIRECTOR OF PORTS, KERALA, 5TH FLOOR, NEW CORPORATION BUILDING, LMS JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PORTS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. KANNUR BUILDING MATERIALS (MARKETING) CO-OPERATIVE SOCIETY LTD.NO.C 1741, PAPPINISSERY, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.V.SURENDRANATH FOR R5 GOVT.PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.558 of 2009 ---------------------------------------------- Dated 8th April, 2009. J U D G M E N T Kurian Joseph, J. Appellants are the writ petitioners. They approached this court aggrieved by the cancellation of their licence for dredging sand from Azheekkal Port. The main grievance appears to be that the cancellation is in violation of Ext.P4 judgment, wherein the learned Single Judge had held that in case licences are given to individuals for manual dredging, there cannot be discrimination among the workers. It appears from the pleadings that thereafter, a decision was taken by the Port Officer as per Ext.P16 to cancel all the individual licences and limit the licence to a Workers' Cooperative Society. Sri.K.P.Dandapani, learned Senior Counsel submits that such a decision was taken only to get over Ext.P4 judgment of this court and that is evident from the affidavit seeking extension of time for complying with Ext.P4 judgment. But we find from the pleadings that Ext.P16 was not under challenge before the learned Single Judge. The learned Single Judge only referred to the decision to entrust the dredging licence to the Cooperative Society. On going through the WA NO.558/09 2 contentions taken in the appeal, we find that those are all materials for the writ petitioners to have produced before the learned Single Judge. Faced with such a situation, the petitioners seek an opportunity to withdraw the writ petition with liberty to file a fresh writ petition, incorporating all the necessary pleadings. Having heard the counsel on both sides also, we are of the view that it is only appropriate that such an opportunity is given to the writ petitioners. Accordingly, we set aside the judgment under appeal, dismiss the writ petition as withdrawn with liberty to the writ petitioners to file a fresh writ petition, incorporating all the pleadings. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.558 of 2009 ---------------------------------------------- J U D G M E N T Dated 8th April, 2009.