IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 OP.No. 12063 of 2002(J) ----------------------- PETITIONERS: --------------- 1. KARIBHAGHOM COIR INDUSTRIES CO-OPERATIVE LTD. NO.T.892,THIRUVALLOM P.O., TRIVANDRUM, REPRESENTEDBY THE SECRETARY C.MOHANAN, MANJADIYIL VEEDU, THIRUVALLOM P.O., THIRUVANANTHAPURAM-27. 2. KOVALAM COIR INDUSTRIES CO-OPERATIVE SOCIETY LTD., NO.T.108, THIRUVALLOM P.O., TRIVANDRUM, REPRESENTED BY ITS SECRETARY S.MONY, ALAYIL SAM HOUSE, KOVALAM P.O., TRIVANDRUM. 3. THE PANATHURA COIR INDUSTRIES CO-OPERATIVE SOCIETY LTD NO.T.415, PACHALLOOR P.O. TRIVANDRUM, REPRESENTED BY ITS SECRETARY, N.MANOHARAN, SIMI COTTAGE, VAZHAMUTTOM, PACHALLOOR P.O., TRIVANDRUM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. A & N HOTEL ENTERPRISES, REPRESENTED BY ITS PROJECT ADMINISTRATOR MR.RAMASWAMY IYER, T.C.15/200, WOMEN'S COLLEGE LANE, VAZHUTHACAUD, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVT. PLEADER, SMT. K.MEERA. R3 BY ADV. SRI.MILLU DANDAPANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP No. 12063 of 2002 ORDER ON CMP No.20641/02 IN OP No.12063/02 DISMISSED SD/- S.R.BANNURMATH, CHIEF JUSTICE 08.09.2009. SD/- A.K. BASHEER, JUSTICE /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No. 12063 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of September, 2009 JUDGMENT Basheer, J. Petitioners-Co-operative Societies are stated to be engaged in the manufacture of coir yarn, processed coir etc. According to them, they procure coconut husks and ret them in the nearby Kovalam canal to obtain fibre for the purpose of making coir mats and other products. Approximately 10,000 people in the above unrecognised sector depend on the lagoon for retting activities. 2. The primary prayer in the original petition is to quash Ext.P2. There is a further prayer for a declaration that the petitioners and their members would be at liberty to continue their coconut husk retting activity at Kovalam Canal (Lagoon) at Panathura-Kovalam in Thiruvananthapuram District. There is yet another prayer for issuance of an appropriate order restraining respondent No.2 from positioning “floating cottages” or doing any work of O.P. No.12063 of 2002 -:2:- reclamation or related construction activities in Kovalam Canal in Thiruvananthapuram. 3. A perusal of Ext.P2 will show that it is a communication issued by the Secretary, General Administration(Tourism-B) Department to the Secretary, Thiruvananthapuram Corporation enclosing the minutes of a meeting convened by the Chief Secretary on January 18, 2002 in connection with the proposal for construction of a resort hotel at Kovalam by A & N Hotel Enterprises (respondent No.3). The minutes would reveal that various pros and cons were considered at the meeting held under the Chairmanship of the Chief Secretary in which Secretary (Irrigation), Secretary(Tourism), Secretary(Thiruvananthapuram Corporation, respondent No.2 etc. had participated. No final decision as regards establishment of the Hotel project or to stop retting activity in the lagoon was taken in the said meeting. The meeting was concluded with a decision to convene another follow up meeting. Nothing more nothing less. 4. Having carefully perused the averments in the original petition and having considered the entire aspects of the matter, O.P. No.12063 of 2002 -:3:- we are afraid that no relief can be granted to the petitioner, especially since no decision to stop retting activity in the lagoon (Kovalam Canal) was taken in the meeting. 5. This Original Petition has been pending before this Court since 2002 without any interim order. After such a lapse of time no worthwhile purpose will be served if the Original Petition is kept pending any further. It will be open to the petitioners to pursue the matter at a later stage, if they are advised and if the situation so warrants. The Original Petition is disposed of with the above observation. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb O.P. No.12063 of 2002 -:4:-