Kerala High Court
V.A.Michael vs State Of Kerala on 16 October, 2008
Author: V.Giri
Bench: V.Giri
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29201 of 2008(B)
1. V.A.MICHAEL, AGED 55,S/O.ANTHAPPAN,
... Petitioner
2. CHARLES.V.V., AGED 45, S/O.VINCENT,
3. VARGHESE.V.V, AGED 55, S/O.VINCENT,
4. FRANCIS.V.J, AGED 45, S/O.JOSEPH,
5. AUGUSTINE.V.L., AGED 42, S/O.LONAPPAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR ERNAKULAM,
3. THE DISTRICT SUPPLY OFFICER, ERNAKULAM,
4. THE DEPUTY DIRECTOR OF FISHERIES,
5. THE KERALA FISHERMEN'S WELFARE FUND
6. MATSYAFED ERNAKULAM DISTRICT OFFICE,
For Petitioner :SRI.JIJO THOMAS
For Respondent :SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED
The Hon'ble MR. Justice V.GIRI
Dated :16/10/2008
O R D E R
V. GIRI, J.
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WP(C).NOs.29201,29209,29210 & 29211 of 2008
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Dated this the 16th day of October, 2008
JUDGMENT
Common issues arise for consideration in these writ petitions. I heard learned counsel for the petitioners Sri.K.C.Eldho, learned Standing Counsel Sri.P.K.Vijayamohanan appearing for Matsyafed and learned Government Pleader Sri.P.N.Santhosh. The issue raised in these writ petitions relates to the claim made by the petitioners who are traditional fishermen for subsidised permit for kerosene to be used as fuel in the country boats. Going by the guidelines fixed in this behalf by the Government and produced along with the statement filed by the Matsyafed,the eligible applications will have to be notified after a joint verification to be conducted by the competent authority of the Directorate of Fisheries and the officials of the Matsyafed. In a verification originally conducted on 6.4.2008 it seems that the petitioners were not able to produce documents and therefore they were not found eligible by the Directorate of Fisheries . But a verification was conducted by the officials of WPC.29201 /2008 & conn, cases. 2 the Matsyafed and they have positively affirmed the eligibility of the petitioner.
2. In my view it is only appropriate that a fresh joint verification be conducted by the competent authority of the Directorate of Fisheries, Commissionerate of Civil Supplies and Matsyafed. In the result, the writ petition is disposed of with the following directions:
i) The eligibility of the petitioners shall be verified by the competent officials of the Directorate of Fisheries, Commissionerate of Civil Supplies and a representative of the Matsyafed on a date to be fixed in that behalf by the Director of Fisheries which shall at any rate be within a period of one month from the date of receipt of a copy of this judgment.
ii) On notice being received in that behalf by the petitioners, they shall produce the vessels for verification .
iii)The recommendation given by the officials of the Matsyafed shall be taken into account at the time of joint inspection. On eligibility being certified by the joint inspection committee, the petitioners shall be entitled to subsidized kerosene for use as fuel. The entire process must be completed WPC.29201 /2008 & conn, cases. 3 within six weeks from the date of receipt of a copy of this judgment.
V. GIRI, JUDGE.
pmn/