Kerala High Court
James George vs The District Collector on 16 February, 2026
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2026:KER:13907
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 16TH DAY OF FEBRUARY 2026 / 27TH MAGHA, 1947
WP(C) NO. 47137 OF 2025
PETITIONER/S:
1 JAMES GEORGE
AGED 58 YEARS
SON OF SRI. M K GEORGE, MALIAKAL HOUSE, NEENDOOR
P O, KOTTAYAM DISTRICT, KERALA STATE ., PIN -
686601
2 T I ALEYYAMMA
AGED 89 YEARS
W/O. LATE M K GEORGE MALIAKAL HOUSE, NEENDOOR P
O, KOTTAYAM DISTRICT, KERALA STATE, PIN - 686601
3 M K MICHEAL
AGED 75 YEARS
S/O. LATE KURUVILA, MALIAKAL HOUSE, NEENDOOR P O,
KOTTAYAM DISTRICT, KERALA STATE, PIN - 686601
4 P K CHACKO
AGED 71 YEARS
S/O LATE KURIAKO, PEPPATHIYIL HOUSE , NEENDOOR P
O, KOTTAYAM DISTRICT, KERALA STATE, PIN - 686601
BY ADVS.
SHRI.MARTIN SIVI
SHRI.RADHAKRISHNAN S.
SMT.JINU TREESA JOSE
SHRI.SUNIL CYRIAC
2026:KER:13907
WP(C) NO.47137 OF 2025
2
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
KOTTAYAM, KOTTAYAM (CHAIRPERSON, LOCAL FISHERIES
MANAGEMENT COUNCIL), KOTTAYAM DISTRICT, OFFICE OF
THE DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM,
KERALA-, PIN - 686002
2 THE SECRETARY, NEENDOOR GRAMA PANCHAYATH
NEENDOOR P O, KOTTAYAM DISTRICT, KERALA STATE -,
PIN - 686601
3 THE PANCHAYATH COMMITTEE, NEENDOOR GRAMA
PANCHAYATH
REPRESENTED BY THE PRESIDENT ,NEENDOOR GRAMA
PANCHAYATH, NEENDOOR P O, KOTTAYAM DISTRICT,
KERALA STATE, PIN - 686601
4 THE DEPUTY DIRECTOR OF FISHERIES
OFFICE OF THE DY. DIRECTOR OF FISHERIES, REVATHY,
KARAPUZHA WEST P O, KOTTAYAM , KERALA-, PIN -
686003
5 THE MEDICAL OFFICER IN CHARGE, PRIMARY HEALTH
CENTRE
PRIMARY HEALTH CENTRE, ONAMTHURUTHU. P.
O.,KAIPUZHA, KOTTAYAM DISTRICT, KERALA, PIN -
686602
6 THE STATION HOUSE OFFICER
ETTUMANOOR POLICE STATION, ETTUMANOOR P O,
KOTTAYAM DISTRICT, KERALA-, PIN - 686631
7 THE ASST. EXECUTIVE ENGINEER
ELECTRICAL SECTION OFFICE, NEENDOOR, KSEB LTD.,
NEENDOOR P. O, KOTTAYAM DISTRICT, KERALA STATE,
PIN - 686601
8 KURUVILA KUNJU
SON OF CHANDY KUNJU, KONGAMMADATHIL HOUSE,
(CHEMMACHEL) ,NEENDOOR P O, KOTTAYAM DISTRICT,
KERALA STATE, PIN - 686601
2026:KER:13907
WP(C) NO.47137 OF 2025
3
9 THOMAS ALEX
SON OF CHANDY KUNJU, KONGAMMADATHIL HOUSE,
(CHEMMACHEL),CHEMMANCHERRY,NEENDOOR P O, KOTTAYAM
DISTRICT, KERALA STATE, PIN - 686601
0 MATHAI THOMAS
SON OF THOMA, CHEMMACHEL HOUSE, NEENDOOR P O,
KOTTAYAM DISTRICT, KERALA STATE, PIN - 68660
11 VARGHESE ANTONY
SON OF OUSEPH ANTONY, PATTATHIL HOUSE, THAYAMKARI
P.O., EDATHWA, ALAPPUZHA DISTRICT, KERALA, PIN -
689573
12 N T JOSEPH
JES COTTAGE, PONGA P.O., ALAPPUZHA DISTRICT,
KERALA, PIN - 688503
BY ADVS.
SMT.MEHNAZ P. MOHAMMED
SHRI.LEVIN T. THOMAS
SMT.K.REEHA KHADER
SMT.VIDYA KURIAKOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:13907
WP(C) NO.47137 OF 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.47137 of 2025
-------------------------------
Dated this the 16th day of February, 2026
JUDGMENT
This Writ Petition (C) is filed seeking the following reliefs:
" A. Issue a writ of mandamus directing Respondents 10 to 12 and any other person acting under them to immediately stop all illegal fish- farming and related activities being carried out in the property situated in the Moothedathukari padashekaram area in Neendoor.
B. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authorities 1 to 6 to immediately take appropriate action to stop the illegal fish-farming, dumping of waste, unauthorised construction, illegal use of electricity, causing contamination and pollution of the waterbody and any related activities being carried out by the private respondents in the Neendoor Moothedathukari padashekaram area. C. Issue a writ of mandamus or any other appropriate writ directing the Neendoor Grama Panchayat Secretary, the 2nd Respondent to strictly enforce the Stop Notice dated 22.09.2025 and to initiate statutory proceedings against the violators under the Kerala Panchayat Raj Act and the Kerala Panchayat Building Rules to remove all unauthorised structures, sheds, platforms, cages, nets and other illegal installations erected by the private respondents in and around the Mothedathukari padashekaram.
2026:KER:13907 WP(C) NO.47137 OF 2025 5 D. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Deputy Director of Fisheries and the Assistant Director of Fisheries to enforce the Stop Memo dated 06.11.2025 and to initiate proceedings under the Kerala Inland Fisheries and Aquaculture Act, 2010, including prosecution and recovery of costs, for carrying out fish-farming without licence, registration, NOC or statutory permission. E. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Panchayat to take action under the Kerala Panchayat Raj Act and Kerala Panchayat Building Rules to remove the unauthorised building and other illegal constructions erected by the private respondents and directing the 7 th respondent, KSEB Ltd. to reconfirm that the electric connection given in the name of 10th respondent is proper and the same is used for the purpose for which it is given and in case of any violation, order forthwith disconnection and impose penalty as provided under law.
F. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Police (SHO, Ettumanoor Police Station) to render full assistance to the Panchayat, Fisheries Department, Agricultural Officer and Health Inspector for implementation of all statutory orders and directions issued by them and for preventing any obstruction by the private respondents."
[SIC]
2. When this writ petition came up for consideration before this Court on 18.12.2025, this Court passed the following 2026:KER:13907 WP(C) NO.47137 OF 2025 6 order:
" Admit.
2. Learned Government Pleader takes notice for respondents 1, 4, 5, 6, and 7. Learned Standing Counsel takes notice for respondents 2 and 3. Issue notice to respondents 8 to 12 through speed post.
3. The documents produced along with the Writ Petition shows that the party respondents are conducting the fish farm without licence and in complete violation of the statutory provisions. The petitioners also allege that, dumping of slaughterhouse waste and septic waste in the water is making life miserable.
4. There shall hence be an interim order, directing respondents 2 and 4 to enforce the stop memos already issued, if the fish farming activity is now being conducted without licence.
Post on 23.01.2026."
3. Subsequent to that order, the application submitted by the party respondents for a license is rejected as per Ext.R4(d). In the light of Ext.R4(d), as on today, there is no license to the 11 th respondent. If that is the case, the interim order dated 18.12.2025 will be complied with in letter and spirit by the authority concerned.
Therefore, this writ petition is disposed of, retaining the order dated 18.12.2025. If there is any problem in enforcing the stop 2026:KER:13907 WP(C) NO.47137 OF 2025 7 memo, the Panchayat can also get assistance from the Police. I make it clear that, if the 11 th respondent is aggrieved by the order rejecting the license application, he is free to challenge the same in accordance with the law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 16.02.2026
Judgment dictated 16.02.2026
Draft Judgment Placed 17.02.2026
Final Judgment Uploaded 18.02.2026 2026:KER:13907 WP(C) NO.47137 OF 2025 8 APPENDIX OF WP(C) NO. 47137 OF 2025 PETITIONER EXHIBITS Exhibit P1(a) TRUE COPY OF PHOTOGRAPHS SHOWING THE ILLEGAL FISH-FARMING ACTIVITIES WITH STAGNANT POLLUTED WATER AND SEPTIC WASTE Exhibit P1(b) TRUE COPY OF PHOTOGRAPHS SHOWING THE ILLEGAL FISH-FARMING ACTIVITIES WITH DUMPING OF SLAUGHTERHOUSE WASTE Exhibit P2 TRUE COPY OF THE NEWS REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 18.09.2025 Exhibit P3 TRUE COPY OF DECISION NO. 4/4 PASSED BY THE NEENDOOR GRAMA PANCHAYAT COMMITTEE DATED 20.09.2025 Exhibit P4 TRUE COPY OF WRITTEN COMMUNICATION DATED 20-09-2025 BY 11TH RESPONDENT , SRI. VARGHESE ANTONY TO THE PANCHAYAT Exhibit P5 TRUE COPY OF NOTICE NO. JC4-4160221/2025 ISSUED BY NEENDOOR GRAMA PANCHAYAT Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 22.09.2025 SUBMITTED BY NADUKKARI PADASHEKHARA NELULPATHAKA SAMITHY TO THE AGRICULTURAL OFFICER AND POLICE AUTHORITIES Exhibit P7 TRUE COPY OF THE MASS PETITION DATED 15.09.2025 Exhibit P8 TRUE COPY OF THE LETTER DATED 25.09.2025 ISSUED BY NEENDOOR GRAMA PANCHAYATH TO THE 1ST PETITIONER Exhibit P9 TRUE COPY OF THE DETAILED REPORT 08.10.2025 SUBMITTED BY THE DEPUTY DIRECTOR OF FISHERIES, KOTTAYAM, TO THE SECRETARY, NEENDOOR GRAMA PANCHAYAT Exhibit P10 RUE COPY OF PHOTOGRAPH SHOWING THE BOARD WHICH WAS PLACED BY THE RESPONDENTS AT THE LOCATION TO MISLEAD THE PUBLIC Exhibit P11 TRUE COPY OF THE RTI APPLICATION SUBMITTED TO NEENDOOR GRAMA PANCHAYATH DATED 12.09.2025 ALONG WITH TRUE COPY OF THE REPLY TO RTI APPLICATION BY NEENDOOR 2026:KER:13907 WP(C) NO.47137 OF 2025 9 GRAMA PANCHAYATH DATED 10.10.2025 Exhibit P12 TRUE COPY OF THE RTI APPLICATION SUBMITTED TO NEENDOOR GRAMA PANCHAYATH DATED 29.09.2025 ALONG WITH TRUE COPY OF THE REPLY TO RTI APPLICATION BY NINDOOR GRAMA PANCHAYATH DATED 25.10.2025 Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES BOOK OF STANDING COMMITTEE FOR GRIEVANCE REDRESSAL, DATED 28.10.2025 Exhibit P14 TRUE COPY OF STOP MEMO DATED 06.11.2025 ISSUED BY DEPUTY DIRECTOR OF FISHERIES, KOTTAYAM Exhibit P15 TRUE COPY OF RTI REPLY DATED 27.11.2025 ISSUED BY ASSISTANT DIRECTOR OF FISHERIES Exhibit P16 TRUE COPY OF RTI REPLY FROM FAMILY HEALTH CENTRE, ONAMTHURUTHU DATED 25.11.2025 RESPONDENT EXHIBITS Exhibit R11 (a) A true copy of Deed No. 8268 dated 31.12.2020 of the Ettumanoor SRO Exhibit R11 (b) A true copy of the invoice issued by Mondalish Hatchery, Calcutta, to the 11th Respondent dated 10.08.2025 Exhibit R11 (c) The true copy of the interim order dated 21.11.2025 of this Hon'ble Court in W .P ( C ) No.43809/2025 Exhibit R11 (d) True Copy of Application for registration of the land for the purpose of fish farming along with application for Aquaculture License made by the Petitioner to the 2nd Respondent dated 25.11.2025 Exhibit R11 (e) The copy of photographs showing the nature of operation of business carried out in premises leased under Exhibit R11
(a) Exhibit R11 (f) The true copy of the Order No.JC5- 5282490/2025 dated 05.11.2025 issued by the 4th Respondent Exhibit R4(a) True copy of relevant pages of mass 2026:KER:13907 WP(C) NO.47137 OF 2025 10 petition dated 15.09.2025 Exhibit R4(b) True copy of the Field enquiry report dated 22.09.2025 of the Fisheries Extension Officer Matsyabhavan Pallom Exhibit R4(c) True copy of the enquiry report dated 01/12/2025.
Exhibit R4(d) True copy of the order dated 22.12.2025 of the Assistant Director of Fisheries Kottayam Exhibit R4(e) True copy of the Letter dated 30.12.2025 of the Deputy Director of Fisheries