IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14169 of 2010(U)
1. ROBERT.S, S/O.SASIDHARAN,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. THE FOREST RANGE OFFICER,
3. CHIEF CONSERVATOR OF FOREST,
4. THE DISTRICT COLLECTOR, KOLLAM.
For Petitioner :SRI. K.SIJU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/05/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 14169 OF 2010 (U)
=====================
Dated this the 4th day of May, 2010
J U D G M E N T
Petitioner alleges that he has entered into Ext.P1 agreement with
the respondents for transportation of 5,000 M3 river sand from
MilppalamKadavu to Kalavara established by the Forest Department.
According to him, though he has been transporting river sand in
compliance with the agreement conditions, for malafide reasons, he
was issued Ext.P4 show cause notice containing allegations of
unsatisfactory performance of the agreement conditions and alleging
that he has been transporting only meagre quantity of river sand. It is
stated that on receipt of Ext.P3, he has filed Ext.P4 reply to the 1st
respondent and that without considering the reply, steps are being
taken to cancel the agreement. It is with this grievance, the writ
petition is filed.
2. If as stated by the petitioner, he has filed Ext.P4 reply to
Ext.P3 notice, necessarily the 1st respondent shall consider the same
with notice to him before any coercive action is taken. Having regard
to the case of the petitioner that Exts.P3 and P4 are still pending
before the 1st respondent, it is directed that the 1st respondent shall
WPC No. 14169/10
:2 :
consider Ext.P3 in the light of Ext.P4 reply filed by the petitioner as
expeditiously as possible on the production of a copy of this judgment.
It is directed that till orders as passed as above, status quo as on date
in so far as Ext.P2 agreement is concerned, shall be maintained.
3. Petitioner shall produce a copy of this judgment along with
a copy of the writ petition before the 1st respondent for compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp