IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 34610 of 2009(U) -------------------------- PETITIONER(S): --------------- JAGATHI.S.KRISHNAN, AGED 30 YEARS, S/O.GOPALAKRISHNAN NAIR, THEKKEMUTTAMON VEEDU, VAZHAMUTTAM EAST, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 2. THE TAHSILDAR, TALUK OFFICE, KOZHENCHERRY. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NARAYANAN FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.34610 of 2009 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT Aggrieved by Ext.P14 order issued by the District Collector the petitioner has approached this Court by filing this writ petition. 2. As per Ext.P1, the second respondent had published a notice inviting tenders to conduct auction for right to collect river sand from various Kadavus of Achankovil river. The petitioner was the highest bidder in that auction. Accordingly he has right to remove sand from Anchan Thovelil Kadavu by virtue of Ext.P2 agreement. He was granted right to remove the sand during the period from 15/10/2008 to 31/10/2008 excluding holidays. An amount of Rs.4,15,610/-was remitted by the petitioner as a bid amount also which is evidenced by Ext.P3 receipt. 3. According to the petitioner even though he started the collection of river sand from 15/10/2008, he could collect only four loads of river sand and was prevented by the workers W.P.(C)No.34610 of 2009 2 affiliated to various trade unions from removing the sand. Even though earnest efforts were taken to settle all disputes it did not materialize. It is submitted that the petitioner has moved before various authorities seeking for extension of period of the agreement. Exts.P7 to P10 are various communications relied upon by the petitioner in support of the above plea. Therein orders were issued by the respondents to make good of the loss sustained by the auction purchasers in various similar cases. Even though the writ petitioner made further requests which were directed to be considered as per the directions in W.P.(C) No.10179/2009 by Ext.P14 the same stands rejected. It is in these circumstances, this writ petition has been filed. 4. The respondents have filed a counter affidavit in the matter. Various circumstances are pointed out in Ext.P14 to reject the representation, which according to the petitioner are not correct also. Petitioner seeks for an opportunity to move before the Government. If the petitioner moves the Government in the matter within a period of one month the same will be considered by the third respondent in accordance with law and a decision will be taken after hearing the petitioner within a period W.P.(C)No.34610 of 2009 3 of three months. Petitioner will produce a copy of this writ petition along with a copy of this judgment for compliance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj