Kerala High Court
Kabeer K vs State Of Kerala on 10 June, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 21ST DAY OF MAY2014/31ST VAISAKHA, 1936
WP(C).No. 6837 of 2014 (D)
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PETITIONER :
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1. KABEER K., S/O. HAJIKUTTY, AGED 38 YEARS,
KUNHIKKAMMALI HOUSE, SADDAM BEACH,
NEDUVA POST, PARAPPANANGADI
MALAPPURAM DISTRICT - 676 303.
2. PAURU P.P., S/O. IBRAHIM, AGED 64 YEARS,
POKKUVINTEPURAKKAL
OTTUMMAL, PARAPPANANGADI POST, MALAPPURAM DISTRICT.
3. NISSAR P.P.
S/O. IBRAHIMKUTTY, AGED 36 YEARS, PALLIEHANTEPURAKKL,
PARAPPANANGADI POST, MALAPPURAM DISTRICT.
4. YOUSAF
S/O. HAMZA, AGED 38 YEARS, KUNNUMMAL HOUSE,
NEDUVA POST, AVIYIL BEACH, PARAPPANANGADI POST
MALAPPURAM DISTRICT.
5. ASHRAF U.
S/O. KUNHIMOHAMMED, AGED 41 YEARS, UNNACHAN HOUSE,
PARAPPANANGADI POST, MALAPPURAM DISTRICT.
6. HANEEFA
S/O. KUNHIMOIDEENKUTTY, AGED 38 YEARS
CHEKKINTE PURAKKAL, SADDAM BEACH, PARAPPANANGADI POST
MALAPPURAM DISTRICT.
7. HANEEFA
S/O. CHERIYAMUHAMMED, AGED 42 YEARS, KARANAMMAN HOUSE,
OTTUMMAL, PARAPPANANGADI POST, MALAPPURAM DISTRICT.
8. BASHEER
S/O. CHERIYABAVA, AGED 41 YEARS, HAJIYARAKATH HOUSE,
NEDUVA POST, PARAPPPANANGADI, MALAPPURAM DISTRICT.
9. SAIDALAVI C.V
S/O. CHERIYAKASMI, AGED 47 YEARS, CHATTUVEETIL HOUSE
OTTUMMAL BEACH, PARAPPPANANGADI, MALAPPURAM DISTRICT.
10. MOHAMMADALI,
S/O. CHERIYA ALAVI, AGED 39 YEAFRS, MARAPPIL HOUSE
NEDUVA POST, AVIL BEACH, PARAPPPANANGADI
MALAPPURAM DISTRICT.
WP(C).No. 6837 of 2014 (D)
11. NAUFAL
S/O. PARUKUTTY, AGED 28 YEARS, POKKUVINTE PURAKKAL
OOTTUMMAL BEACH, PARAPPPANANGADI, MALAPPURAM DISTRICT.
12. SAKEER
S/O. KUNHIMON, AGED 35 YEARS, PALLICHINTE PURAKKAL,
AVIYIL BEACH, NEDUVA POST, PARAPPPANANGADI
MALAPPURAM DISTRICT.
13. SHARAFUDHEEN
S/O. HAMZAKOYA, AGED 27 YEARS, CHALIYAN HOUSE
AVIYIL BEACH, NEDUVA POST, PARAPPPANANGADI
MALAPPURAM DISTRICT.
14. ASHRAF K.
S/O. ABOOBACKER, AGED 40 YEARS, KARANAMAN,
PUTHANKADAPPURAM, PARAPPANANGADI POST,
MALAPPURAM DISTRICT.
BY ADVS.SRI.K.P.SUDHEER
SRI.Y.JAFAR KHAN
RESPONDENTS :
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1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF FISHERIES
THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF FISHERIES,
VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 001.
3. THE DEPUTY DIRECTOR OF FISHERIES
PONNANI - 679 577, MALAPPURAM DISTRICT.
4. THE DISTRICT COLLECTOR,
MALAPPURAM -676 505.
5. THE DISTRICT MANAGER
MATSYAFED, DISTRICT OFFICE, TIRUR,
MALAPPURAM DISTRICT - 676 101.
6. TALUK SUPPLY OFFICER,
TIRUR, MALAPPURAM DISTRICT - 676 101.
R1 TO R4 & R6 BY GOVERNMENT PLEADER SMT.SHERIN
R5 BY ADV. SRI.GEORGE POONTHOTTAM, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-05-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BP
WP(C).No. 6837 of 2014 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1(A) TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE IST PETITIONER.
P1(B)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 2ND PETITIONER.
P1(C)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 3RD PETITIONER.
P1(D)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 4TH PETITIONER.
P1(E)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 5TH PETITIONER.
P1(F)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 6TH PETITIONER.
P1(G)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 7TH PETITIONER.
P1(H)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 8TH PETITIONER.
P1(I)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 9TH PETITIONER.
P1(J)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF FISHING BOAT
BELONGED TO THE 10TH PETITIONER.
P2(A)- TRUE COPY OF THE SALE AGREEMENT AND TREASURY RECEIPT ISSUED BY
THE SUB INSPECTOR OF FISHERIES ON RECEIPT OF FEE FOR
REGISTRATION FROM THE 11TH PETITIONER.
P2(B)- TRUE COPY OF THE SALE AGREEMENT AND TREASURY RECEIPT ISSUED BY
THE SUB INSPECTOR OF FISHERIES ON RECEIPT OF FEE FOR
REGISTRATION FROM THE 12TH PETITIONER.
P2(C)- TRUE COPY OF THE SALE AGREEMENT AND TREASURY RECEIPT ISSUED BY
THE SUB INSPECTOR OF FISHERIES ON RECEIPT OF FEE FOR
REGISTRATION FROM THE 13TH PETITIONER.
P2(D)- TRUE COPY OF THE SALE AGREEMENT AND TREASURY RECEIPT ISSUED BY
THE SUB INSPECTOR OF FISHERIES ON RECEIPT OF FEE FOR
REGISTRATION FROM THE 14TH PETITIONER.
P3- TRUE COPY OF THE PERMIT FOR KEROSENE FOR FISHING PURPOSES
DATED 10/06/2008 ISSUED TO THE IST PETITIONER'S VESSEL COVERED BY
EXHIBIT-P1(A)
WP(C).NO. 6837 OF 2014 (D)
P4(A)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE IST
PETITIONER.
P4(B)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 2ND
PETITIONER.
P4(C)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 3RD
PETITIONER.
P4(D)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 4TH
PETITIONER.
P4(E)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 5TH
PETITIONER.
P4(F)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 6TH
PETITIONER.
P4(G)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 7TH
PETITIONER.
P4(H)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 8TH
PETITIONER.
P4(I)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 9TH
PETITIONER.
P4(J)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 10TH
PETITIONER.
P4(K)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 11TH
PETITIONER.
P4(L)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 12TH
PETITIONER.
P4(M)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 13TH
PETITIONER.
P4(N)- TRUE COPY OF THE TAG AND COUNTERFOIL ISSUED TO THE 14TH
PETITIONER.
P5- TRUE COPY OF THE G.O(RT)387/2013 DATED 20/05/2013 ISSUED BY THE
GOVERNMENT OF KERALA, FISHERIES AND PORT (B) DEPARTMENT.
P6- TRUE COPY OF THE LIST PUBLISHED IN THE PETITIONER'S VERIFICATION
CENTRE AFTER VERIFICATION OF ENGINES FOR KEROSENE PERMIT
ON 18/11/2012.
P7- TRUE COPY OF THE REPRESENTATION DATED 18/09/2013 SUBMITTED BY
THE PETITIONERS THROUGH THEIR ASSOCIATION BEFORE THE
HONOURABLE MINISTER OF FISHERIES, GOVERNMENT OF KERALA ALONG
WITH ITS ACKNOWLEDGMENT CARD.
WP(C).NO. 6837 OF 2014 (D)
P8- TRUE COPY OF THE REPRESENTATION DATED 18/09/2013 SUBMITTED BY
THE PETITIONERS THROUGH THEIR ASSOCIATION BEFORE THE 6TH
RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT CARD.
P9- TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED FROM THE OFFICE
OF THE 2ND RESPONDENT.
P9(A)- TRUE COPY OF THE ACKNWOLEDGMENT CARD ISSUED FROM THE OFFICE
OF THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL.
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//TRUE COPY//
P.S. TO JUDGE
BP
A.M. Shaffique, J.
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W.P(C) No. 6837 of 2014
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Dated this, 21st the day of May, 2014.
J U D G M E N T
Petitioners have approached this Court complaining that though an enquiry was called for with reference to renewal of kerosene permit , the petitioners were not given renewed permit. According to them, though they have registered vessels in terms of clause 8 of Merchant Shipping (Registration of Indian Fishing Boats) Rule, 1986 and were in possession of documents for renewal of kerosene permit, on account of reasons best known to the authorities, they were denied the renewed permit.
2. Counter affidavit is filed by the 5th respondent inter alia stating that the verification committee found that certain persons were not in possession of vessels/engines and sufficient records for providing renewed permit and in that view of the matter, the names of the petitioners did not appear in the list of approved persons for issuing renewed permit.
3. The learned counsel for the petitioners relies upon Ext.R5(f), which indicates that there had been some objection from certain persons in the locality with reference to grant of renewed permit, on account of which about 37 persons who were in possession of sufficient materials were unable to produce the vessels/engines before the W.P(C) No. 6837 of 2014 -: 2 :- authorities concerned.
4. The learned Government Pleader, on instructions, submits that permits were not renewed to the petitioners since they were not in possession of sufficient equipments/records during the verification by the 2nd respondent.
5. Having regard to the fact that there is indication about the obstruction caused by certain people in the locality at the time of verification, it is clear that the petitioners were not in a position to produce the vessel/engine as required for renewing the permit. Under these circumstances, I am of the view that a further opportunity should be granted to the petitioners to produce their vessel/engine and other documents necessary for getting renewal of the permit, before the 2nd respondent, who shall consider the same and pass orders thereon.
In the result, the writ petition is disposed of as under:
Petitioners shall produce all necessary records along with the vessel/engine necessary for renewal of their permit before the 2nd respondent within two weeks from the date of receipt of a copy of this W.P(C) No. 6837 of 2014 -: 3 :- judgment and the 2nd respondent shall consider the same and pass appropriate orders within a further period of one week.
Sd/- A.M. Shaffique, Judge.
Tds/