Kerala High Court
Mohammed Bava vs The District Collector
Author: A.M. Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
SATURDAY, THE 31ST DAY OF MAY 2014/10TH JYAISHTA, 1936
WP(C).No. 26316 of 2013 (L)
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PETITIONER :
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MOHAMMED BAVA,
S/O.SAIDALIKUTTY, AGED 59 YEARS
THANGAL KUNHALIKKANAKATH
OSSAN KADAPPURAM, TANUR POST, PIN 676302
MALAPPURAM DISTRICT.
BY ADVS.SRI.K.P.SUDHEER
SRI.ARUN MATHEW VADAKKAN
RESPONDENT(S) :
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1. THE DISTRICT COLLECTOR
MALAPPURAM-676505.
2. THE DEPUTY DIRECTOR OF FISHERIES
PONNANI, MALAPPURAM DISTRICT.
3. THE DISTRICT MANAGER
MATSYAFED, DISTRICT OFFICE, TIRUR
MALAPPURAM DISTRICT, PIN - 676101.
4. TALUK SUPPLY OFFICER
TIRUR, MALAPPURAM DISTRICT,
PIN - 676101.
*ADDL. R5 IMPLEADED
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*5. THE DIRECTOR OF FISHERIES
VIKAS BHAVAN
THIRUVANANTHAPURAM - 695 001.
*IS IMPLEADED AS PER ORDER DATED 31/5/2014 IN IA 7007/2014.
R1, R2, R4 & R5 BY SR. GOVT. PLEADER SRI. SOJAN JAMES
R3 BY ADV. SRI.GEORGE POONTHOTTAM, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-05-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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...2/-
WP(C).No. 26316 of 2013 (L)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXHIBIT-P1: TRUE COPY OF CERTIFICATE OF REGISTRATION
NO.IND-KL-06-MO-1913 DATED 17.7.2007 ISSUED TO PETITIONER'S
FISHING BOAT.
EXHIBIT-P2: TRUE COPY OF REGISTRATION CERTIFICATE DATED 22.11.2008
ISSUED BY THE JOINT DIRECTOR OF FISHERIES IN RESPECT OF
PETITIONER'S VESSEL NO.IND-KL-06-MO-1913.
EXHIBIT-P3: TRUE COPY OF PERMIT FOR KEROSENE FOR FISHING PURPOSES
DATED 10.6.2008 ISSUED TO THE PETITIONER'S VESSEL COVERED BY
EXHIBIT- P1.
EXHIBIT-P4: TRUE COPY OF CERTIFICATE OF REGISTRATION NO.KL-06-(OM)-1398
DATED 07.04.1997 ISSUED TO THE PETITIONER'S VESSEL.
EXHIBIT-P5: TRUE COPY OF PERMIT FOR KEROSENE FOR FISHING PURPOSES
DATED 10.6.2008 ISSUED TO THE PETITIONER'S VESSEL COVERED BY
EXHIBIT-P4.
EXHIBIT-P6: TRUE COPY OF LETTER DATED 7.9.2013 ISSUED BY TAHSILDAR,
TIRUR TO THE PETITIONER.
EXHIBIT-P7: TRUE COPY OF PROCEEDINGS NO.IFDP 2007-08/E. 3050/2008 DATED
18.6.2010 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT-P8: TRUE COPY OF THE TAX INVOICE ISSUED BY MATSYAFED VYASA
STORES, TANUR DATED 21.6.2010.
EXHIBIT-P9: TRUE COPY OF THE SEALED TAG ISSUED TO THE PETITIONER.
EXHIBIT-P10: TRUE COPY OF RELEVANT PORTION OF LIST PUBLISHED BY
DEPARTMENT OF FISHERIES REGARDING INSPECTION OF VESSELS
FOR ISSUING KEROSENE PERMIT.
EXHIBIT-P11: TRUE COPY OF REPRESENTATION DATED 21.9.2013 SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT-P11(a): TRUE COPY OF ACKNOWLEDGMENT CARD EVIDENCING RECEIPT
OF EXT.P11.
EXHIBIT-P12: TRUE COPY OF REPRESENTATION DATED 21.9.2013 SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT-P12(a): TRUE COPY OF ACKNOWLEDGMENT CARD EVIDENCING RECEIPT
OF EXT.P12.
(Contd...)
WP(C).No. 26316 of 2013 (L)
EXHIBIT-P13: TRUE COPY OF REPRESENTATION DATED 30.8.2013
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT-P13(a): TRUE COPY OF ACKNOWLEDGMENT CARD EVIDENCING
RECEIPT OF EXHIBIT-P13.
EXHIBIT -P14: COPY OF ORDER NO. MFED/MPM/JVKP/2011-12/393 DATED
23.9.2013 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT -P14(a): COPY OF POSTAL COVER IN WHICH EXT. P14 WAS
FORWARDED TO THE PETITIONER.
EXHIBIT P15: COPY OF ORDER NO. MFED/MPM/JVKP/2011-12/395 DATED
12.11.2013 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P15(a): COPY OF POSTAL COVER IN WHICH EXT. P15 WAS
FORWARDED TO THE PETITIONER.
EXHIBIT P16: COPY OF ORDER NO. F-2067/2011 DATED 6.12.2013 ISSUED BY
THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS :
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EXT. R3(a) COPY OF THE MINUTES OF THE MEETING HELD ON 30-11-2011.
EXT. R3(b) COPY OF THE RESOLUTION TO ADOPT CERTAIN GUIDELINES
FOR THE CONDUCT OF THE ONE DAY VERIFICATION.
EXT. R3(c) COPY OF THE LETTER NO. MFED/MKTG/M1/3829/2011 DATED
24.3.2012.
EXT. R3(d) COPY OF THE LETTER DATED 15.2.2013.
EXT. R3(e) RELEVANT PORTION OF THE STATEMENT OF JOINT
VERIFICATION OF OUT BOARD MOTORS JOINTLY PREPARED
BY THE MATSYAFED, FISHERIES DEPARTMENT OFFICER AND
THE CIVIL SUPPLIES OFFICER.
//TRUE COPY//
P.S. TO JUDGE
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A.M. Shaffique, J.
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W.P(C) No. 26316 of 2013
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Dated this, the 31st day of May, 2014.
J U D G M E N T
Petitioner has approached this Court seeking for a direction to the 4th respondent to issue a permit for renewing the kerosene permit issued for fishing vessels. The permit is issued under clause 8 of the Kerosene Control Order, 1968. This is based on the recommendation made by the additional 5th respondent and on joint verification by the Civil Supplies Corporation and Matsyafed, the 3rd respondent herein. According to the petitioner, though he had produced engine for which tag has been issued for the verification, still, he was not issued with necessary permit.
3. The 3rd respondent has filed counter affidavit inter alia stating that the petitioner was not given permit since he did not produce the engine and vessel for joint verification. Unless the applicant produces the engine and vessel, it will not be possible to recommend grant of permit since there is every opportunity of misuse of the said permit especially when kerosene is supplied at subsidised rates for the permit holders.
4. According to the petitioner, he was carrying on fishing activities and he is having valid registration for his vessel and he has got 9.9 HP engine which was also W.P(C) No. 26316 of 2013 -: 2 :- purchased from the 3rd respondent. The learned counsel for the petitioner also relied upon a judgment of this Court in W.P(C) No. 6837/2014 by which an opportunity was given to certain other fishermen to approach the additional 5th respondent for re- consideration of their application.
5. Under these circumstances, I am of the view that one more opportunity has to be given to the petitioner for seeking renewal of the permit and accordingly, this writ petition is disposed of as under:
The petitioner shall submit an application to the additional 5th respondent with necessary particulars/documents, who shall conduct an enquiry as per the procedure prescribed with the assistance of other respondents and pass appropriate orders within one month from the date of receipt of a copy of this judgment.
Sd/- A.M. Shaffique, Judge.
Tds/