Kerala High Court
Kallikkad Matsyathozhilali Vikasana ... vs State Of Kerala on 12 March, 2013
Author: K.Vinod Chandran
Bench: Manjula Chellur, K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 4TH DAY OF JUNE 2013/14TH JYAISHTA1935
WA.No. 691 of 2013
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AGAINST THE ORDER/JUDGMENT IN WP(C) NO.31663/2012 OF
HIGH COURT OF KERALA DATED 12-03-2013
...
APPELLANT(S):PETITIONERS:
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1. KALLIKKAD MATSYATHOZHILALI VIKASANA KSHEMA
SAHAKARANA SANGHAM LTD.NO.DF (A) 62/92, KALLIKKAD,
AARATTUPUZHA PO., ALAPPUZHA DISTRICT, PIN 690 565,
REPRESENTED BY ITS SECRETARY.
2. RAJU,
VALIYAPARAMBIL, KALLIKKAD, AARATTUPUZHA PO.,
ALAPPUZHA DISTRICT, PIN 690 565.
3. SURESH.S.,
VALIYAPARAMBIL, KALLIKKAD, AARATTUPUZHA PO.,
ALAPPUZHA DISTRICT, PIN 690 565.
4. GANESAN.S.,
VALIYAPARAMBIL, KALLIKKAD, AARATTUPUZHA PO.,
ALAPPUZHA DISTRICT, PIN 690 565.
5. BODHESWARAN,
VALIYAPARAMBIL, KALLIKKAD, AARATTUPUZHA PO.,
ALAPPUZHA DISTRICT, PIN 690 565.
BY ADV. SRI.P.S.KRISHNA PILLAI
RESPONDENT(S):RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
FISHERIES DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,THIRUVANANTHAUPRAM 695 001.
Kss ..2/-
..2....
WA.NO.691/2013
2. THE DIRECTOR OF FISHERIES,
VIKAS BHAVAN, VIKAS BHAVAN PO.,
THIRUVANANTHAPURAM 695 001.
3. THE DISTRICT COLLECTOR,ALAPPUZHA 688 001.
4. THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA 688 001.
5. KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LTD.,
(MATSYAFED)KAMALESWARAM PO, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR 695 001.
6. THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD.,
PALAYAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR 695 001.
R1 TO R4 BY GOVERNMENT PLEADER SRI.P.I.DAVIS
R5 BY ADV.SRI.GEORGE POONTHOTTAM
R6 BY ADV. SRI N.D.PREMACHANDRAN,SC,SUPPLYCO.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04-06-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
Manjula Chellur, C.J. &
K.Vinod Chandran, J.
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W.A.No.691 of 2013
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Dated this, the 4th day of June, 2013
JUDGMENT
K.Vinod Chandran,J.:
The 1st appellant, a Co-operative Society, and its members, respondents 2 to 5, impugn the judgment of the learned Single Judge. The issue dealt with in the writ petition, from which the present appeal arises, and other two writ petitions are with respect to the eligibility of supply of kerosene at a subsidized rate. The controversy arose when the Government and the 'Matsyafed', respectively the 1st and 5th respondents, noticed the large scale misuse of kerosene issued under subsidized rates. A joint verification, hence, was ordered with sufficient notice and the members of the Co-operative Society carrying on the fishing operations were directed to produce, for verification, the vessels in which such fishing activity were W.A.No.691 of 2013 - 2 - undertaken. The persons who are seeking subsidy were directed to register their vessels for inspection on the morning and were directed to produce the vessels for inspection by the joint verification team on the very same day. Out of the 160 vessels registered, only 124 vessels/engines were produced and after verification, permits were issued for kerosene under subsidized rates. However, admittedly the petitioners 2 to 5, despite registering their vessels, did not produce it for verification. The learned Single Judge, hence, dismissed the writ petition.
2. We are of the opinion that the impugned judgment is not liable to be interfered with at all. However, it is the submission of the learned counsel for the appellants that the appellants may be granted liberty to approach the Government for further verification of their vessels. We notice that the learned Single Judge had reserved such liberty to pursue Exhibit P5 before the 1st respondent, Government.
W.A.No.691 of 2013 - 3 -
Hence, the Writ Appeal is disposed of reserving the right of the appellants to pursue their representation to the State Government, pending before the 1st respondent, untrammelled by any of the observations made in the judgment of the learned Single Judge or by us. The same shall be done as expeditiously as possible, but not later than two months from today. The parties are directed to suffer their costs.
Sd/-
Manjula Chellur, Chief Justice Sd/-
K.Vinod Chandran, Judge.
Vku/-
( true copy )