Kerala High Court
Puthuvalappil Mamu vs The District Collector
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 27TH DAY OF OCTOBER 2014/5TH KARTHIKA, 1936
WP(C).No. 27817 of 2014 (B)
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PETITIONER(S):
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1. PUTHUVALAPPIL MAMU,
S/O.ABU, PYOTHICHIRA, GRAMAM P.O.
VELIYANCODE, PONNANI TALUK
MALAPPURAM DISTRICT
(OWNER OF KLF-06-P(OM) 3 & KLF-06-P (OM) 4 BOATS)
2. MUHAMMED ALI,
S/O.MAMAD, ALUNGAL, PONNANI TALUK
MALAPPURAM DISTRICT
(OWNER OF KLF-06-P (OM) 5 BOAT)
3. ASHKAR,
S/O.MAMU, PUTHUVALAPPIL, GRAMAM P.O.
VELIYANCODE, PONNANI TALUK
MALAPPURAM DISTRICT
(OWNER OF KLF-06-P(OM) 2 BOAT)
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENT(S):
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1. THE DISTRICT COLLECTOR,
MALAPPURAM DISTRICT.
2. THE MANAGER,
MALAPPURAM DISTRICT MATSYAFED,
TIRUR-676 101
MALAPPURAM DISTRICT.
3. THE REGIONAL DIRECTOR OF FISHERIES,
PONNANI-679 577, MALAPPURAM DISTRICT.
R1 TO R3 BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VS -2
WP(C).No. 27817 of 2014 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: COPY OF THE LICENSE OF 1ST PETITIONER'S
BOAT BEARING NO.KLF-06-P(OM) 3.
P1(A): COPY OF THE LICENSE OF 1ST PETITIONER'S
BOAT BEARING NO.KLF-06-P(OM) 4.
P1(B): COPY OF THE LICENSE OF 2ND PETITIONER'S
BOAT BEARING NO.KLF-06-P(OM)5.
P1(C): COPY OF THE LICENSE OF 3RD PETITIONER'S
BOAT BEARING NO.KLF-06-P(OM)2.
P2: TRUE PHOTOGRAPHS OF PETITIONERS' BOAT.
P3: TRUE COPY OF THE KEROSENE PERMIT OF THE 1ST PETITIONER'S BOAT.
P3(A): TRUE COPY OF THE KEROSENE PERMIT OF THE 1ST PETITIONER'S BOAT.
P3(B): TRUE COPY OF THE KEROSENE PERMIT OF THE 2ND PETITIONER'S BOAT.
P3(C): TRUE COPY OF THE KEROSENE PERMIT OF THE 3RD PETITIONER'S BOAT.
P4: COPY OF THE REPRESENTATION DATED NIL FILED BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT.
P5: COPY OF THE ORDER NO.MFED/MPM/JVKP/2011-12/9111 DATED 25/11/2013
OF THE 2ND RESPONDENT.
P6: COPY OF THE REPRESENTATION DATED 28/4/2014 SUBMITTED
BY THE PETITIONERS BEFORE THE 2ND RESPONDENT ALONG WITH ITS
POSTAL RECEIPT.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
PA TO JUDGE
VS
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.27817 of 2014
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Dated this the 27th day of October, 2014
J U D G M E N T
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The petitioners are fishermen. The petitioners claim that they are entitled for the kerosene permit for the purpose of fishing. The petitioners are having fishing boats (fiber) licensed by the Deputy Director of Fisheries, Ponnani. It seems that petitioners have not produced the boats for inspection by the authorities to find out whether the boats are fitted with engine having the life span of less than 15 years. It seems that they have not produced the boats for inspection and on account of this the authorities refused to issue kerosene permit.
2. According to the petitioner, they have produced the boat for inspection and the authorities have failed to inspect the same to find out whether the engines have required parameters for granting kerosene permit.
Whatever the controversy stands now, inspection of the boats are scheduled to be held on 16.11.2014 throughout Kerala. W.P.(C).No. 27817 of 2014 2 Therefore, the petitioners shall produce their boats fitted with engine before the authorities on 16.11.2014 for inspection. If it finds that the boats are fitted with engines whose life span are less than 15 years, necessary kerosene permit shall be issued to the petitioners.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/