Kerala High Court
V. Praveen vs State Of Kerala on 19 November, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
WP(C) No.25952/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 19th day of November 2021 / 28th Karthika, 1943
WP(C) NO. 25952 OF 2021(S)
PETITIONER:
V. PRAVEEN, AGED 61 YEARS, 13F, ANTA MARVEL APARTMENT,
KANNADIKKADU, MARADU P.O., ERNAKULAM-682 304.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. GOVERNMENT OF INDIA, REPRESENTED BY SECRETARY, PETROLEUM MINISTRY,
SHASTRI BHAVAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI-110 001.
3. SECRETARY TO FISHERIES, GOVERNMENT OF KERALA, SECRETARIAT, ROOM
NO.392, FIRST FLOOR, MAIN BLOCK, THIRUVANANTHAPURAM-695 001.
4. SECRETARY TO CIVIL SUPPLIES, GOVERNMENT OF KERALA, SECRETARIAT, ROOM
NO.395, FIRST FLOOR, MAIN BLOCK, THIRUVANANTHAPURAM-695 001.
5. DIRECTOR OF FISHERIES, DIRECTORATE OF FISHERIES, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695 033.
6. MATSYAFED, KAMALESWARAM, MANACAUD P.O., THIRUVANANTHAPURAM,
KERALA-695 009, REPRESENTED BY ITS MANAGING DIRECTOR.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order directing the respondents to conduct
joint inspection of the three departments as per Exhibit P4, pending
disposal of the above writ petition (civil) in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.V. PRAVEEN (Party-In-Person) for the petitioner, SRI.K.P. HARISH,
SENIOR GOVERNMENT PLEADER for R1, R3, R4 & R5,SRI.P.VIJAYAKUMAR, ASSISTANT
SOLICITOR GENERAL OF INDIA for R2 and of SRI.T.P. PRADEEP, Advocate for
R6, the court passed the following:
P.T.O.
WP(C) No.25952/2021 2/5
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
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W. P. (C) No. 25952 of 2021
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Dated this the 19th day of November, 2021
ORDER
S. Manikumar, C. J.
Mr. V. Praveen, party-in-person, has filed the instant writ petition, for the following reliefs:-
"a) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to conduct immediately the joint inspection for the issue of Kerosene permit to the Fishermen of Kerala state;
b) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents to give retrospective effect to the Joint inspection w.e.f 03-08-2018;
c) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondents that joint inspection may be undertaken every three months;
d) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 2nd respondent Petroleum Ministry of Government of India to submit an Action Taken Report on the request of Kerala Government for Kerosene since WP(C) No.25952/2021 3/5 W. P. (C) No. 25952 of 2021 -2- 2018 and get rid of all impediments in Kerosene supply and allot the duty free Kerosene to Fisheries Sector."
2. Mr. K. P. Harish, learned Senior Government Pleader, takes notice for the Chief Secretary, Secretariat, Thiruvananthapuram, Secretary to Fisheries, Government of Kerala, Secretariat, Thiruvananthapuram, Secretary to Civil Supplies, Government of Kerala, Secretariat, Thiruvananthapuram, and the Director of Fisheries, Directorate of Fisheries, Thiruvananthapuram, respondent Nos. 1, 3, 4 and 5 respectively.
3. Mr. P. Vijayakumar, learned Assistant Solicitor General of India, takes notice for the Secretary, Petroleum Ministry, New Delhi, respondent No. 2.
4. Mr. T. P. Pradeep, learned counsel, takes notice for Matsyafed, Thiruvananthapuram, represented by its Managing Director, respondent No. 6.
5. On the prayers sought for, Mr. K. P. Harish, learned Senior Government Pleader, submitted that based on the list of eligible persons, forwarded by Matsyafed, represented by its Managing WP(C) No.25952/2021 4/5 W. P. (C) No. 25952 of 2021 -3- Director, respondent No. 6, kerosene is distributed. Inspection could not be conducted due to various reasons, which includes Covid - 19.
6. Added further, he submitted that Ministry of Petroleum, Government of India, respondent No. 2, has now reduced the quantity of subsidized kerosene.
Respondents directed to take notice, to file their respective counter affidavits / statements with documents, within a period of two weeks.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb 19-11-2021 /True Copy/ Assistant Registrar WP(C) No.25952/2021 5/5 APPENDIX OF WP(C) 25952/2021 Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER DATED 22.02.2020 RECEIVED BY THE PETITIONER ALONG WITH EXHIBIT P3.