Kerala High Court
Tpmson Gilbert vs The State Of Kerala on 1 July, 2022
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Friday, the 1st day of July 2022 / 10th Ashadha, 1944
WP(C) NO. 20944 OF 2022
NAME AND ADDRESS OF THE PETITIONER:
TOMSON GILBERT, S/O. GILBERT, PROPRIETOR, MARINE PUMP, KOLLAM,
RESIDING AT THURUTHIL PUTHEN BUGLOW, KOLLAM, PIN-691 001.
NAME AND ADDRESS OF THE RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FISHERIES AND PORTS (B) DEPARTMENT, GOVERNMENT SECRETARIA
THIRUVANANTHAPURAM, PIN-695 001.
2. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM- PIN-691 001.
3. THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM, PIN-691 001.
4. THE DISTRICT SUPPLY OFFICER, CIVIL STATION, KOLLAM, PIN-691 013.
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 stay the operation and all other proceedings pursuant to
Exhibit P3 Order of the 2nd respondent to the extent it affect the
functioning of the Petrol- Diesel retail out let of the petitioner and
grant permission to function out let untrammeled by Exhibit P2 and P3
orders, in the interest of justice, pending final disposal of this Writ
Petition (Civil).
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
M/s. O.D.SIVADAS and SUNIL NARAYANAN, Advocates for the petitioner, the
court passed the following:
p.t.o
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER GO (P)
NO.24/2022/F&PD DATED 9.6.2022.
Exhibit P3 A TRUE COPY OF THE PROCEEDING DATED 7.6.2022 ISSUED BY
THE DISTRICT COLLECTOR, KOLLAM, THE 2ND RESPONDENT.
V.G.ARUN (J)
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W.P.(C) Nos. 20944 and 21043 of 2022
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Dated this the 1st day of July, 2022
ORDER
Having heard the learned Counsel for the petitioner and the learned Government Pleader and taking note of the undisputed fact that the Matsyafed outlets are permitted to operate and supply fuel to small fishing boats, the operation of Ext.P3 is stayed, to the extent it prohibits supply of fuel from the petitioner's retail unit to boats other than mechanised fishing vessels/bottom trawlers.
Sd/-
V.G.ARUN JUDGE RK 01-07-2022 /True Copy/ Assistant Registrar