Kerala High Court
P.B. Paul vs State Of Kerala on 24 January, 2017
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY,THE 24TH DAY OF JANUARY 2017/4TH MAGHA, 1938
WP(C).No. 39765 of 2016 (U)
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PETITIONER(S):
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P.B. PAUL
S/O.BENJAMIN,AGED 22 YEARS,
PANEZHATHU VEEDU,
AMBALAPPUZHA,
KATTOOR P.O.,
ALAPPUZHA 688 522.
BY ADV. SRI.K.C.SUDHEER
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
DEPARTMENT OF CIVIL SUPPLIES
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT,PIN: 695 001.
2. DISTRICT SUPPLY OFFICER
DISTRICT SUPPLY OFFICE
ALAPPUZHA DISTRICT-688001
3. DISTRICT MANAGER
MATSYAFED,
KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVELOPMENT LTD,
ALAPPUZHA DISTRICT.-688001
4. DEPUTY DIRECTOR OF FISHERIES,
ALAPPUZHA DISTRICT - 688001
BY GOVERNMENT PLEADER SRI.S.KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24-01-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 39765 of 2016 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 TRUE COPY OF THE PURCHASE LETTER IN FAVOUR OF THE PETITIONER
BY ONE DOMINIC MATHAI
EXT.P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF FISHING BOAT
HAVING REGISTRATION NO.IND-KL-03-MO-3582
EXT.P3 TRUE COPY OF THE PERMIT NO.360/2013 ISSUED TO THE PETITIONER
BY THE 2ND RESPONDENT
EXT.P4 TRUE COPY OF THE KEROSENE CARD ISSUED TO THE PETITIONER BY
THE 3RD RESPONDENT
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
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W.P.(C) No. 39765 of 2016
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Dated this the 24th day of January, 2017
JUDGMENT
Petitioner owns a fishing boat with Suzuki 9.9 HP OBM Engine with Registration No.IND-KL-03-MO-3582. Petitioner is granted with 140 litres kerosene, evident from Exts.P3 and P4 and it is allotted by the Government, taking into account the poor economic condition of the fishermen folk. According to the petitioner, without any reason third respondent is denying his legitimate ration of kerosene, as per Ext.P4 card, which according to the petitioner is illegal and against the provisions made with respect to the ration of kerosene provided in favour of petitioner. These are the background facts projected by the petitioner to secure the relief sought for in the writ petition.
2. Heard learned counsel for the petitioner, learned Government Pleader and perused the documents on record and pleadings put forth.
3. Learned counsel for the petitioner reiterated the contentions raised in the writ petition.
4. According to learned Government Pleader, a joint verification was conducted by the statutory authority on 8.3.2015 W.P.(C) No. 39765 of 2016 2 in which the registration of the vessel was shown as 10.4.2015. It was based on the said inspection that ration of kerosene allotted to the petitioner was not further being issued with. According to the petitioner, petitioner is entitled as of right to get ration, evident from Exts. P2 and P3 order of the Government of India, and consequential order issued respectively by the authority under Kerala Kerosene Control Order, 1963. In my considered opinion, if a re-verification is ordered to be carried by the statutory authority, it will put an end to the grievance voiced by the petitioner in this writ petition.
5. Therefore, there will be a direction to the competent among the respondents to conduct re-verification in respect of the claims raised by the petitioner in this writ petition. Petitioner may also in this regard submit an application to the third respondent, which will also be taken into account in order to consider the grievance of the petitioner and attain finality within a month from the date of receipt of application from the petitioner.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/24/1/