Kerala High Court
Benadict.S vs State Of Kerala on 13 January, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.1120/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 13th day of January 2022 / 23rd Pousha, 1943
WP(C) NO. 1120 OF 2022(L)
PETITIONERS:
1. BENADICT.S AGED 48 YEARS S/O. SEBASTIAN, KALLELIVAYAL PURAYIDAM,
VADY, KAIKULANGARA WEST, CUTCHERY (PO), KOLLAM DISTRICT.
2. JAMES, AGED 45 YEARS S/O. F.ALOYSIOUS, PANTHAL VEEDU PURAYIDAM,
KAIKULANGARA WEST, KOLLAM DISTRICT.
3. STEPHEN, AGED 51 YEARS S/O. VARGHEES, MAMU PURAYIDOM, THANGASSERI,
KAIKULANGARA WEST, KOLLAM DISTRICT.
4. JOY A., AGED 48 YEARS S/O. F.ALOYSIOUS, PANTHAL VEEDU PURAYIDAM,
KAIKULANGARA WEST, KOLLAM DISTRICT.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF FISHERIES AND HARBOR, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2. THE DIRECTOR OF CIVIL SUPPLIES, OFFICE OF THE DIRECTOR OF CIVIL
SUPPLIES, THIRUVANANTHAPURAM, PIN-695001.
3. THE DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICER,
CIVIL STATION KOLLAM, KOLLAM DISTRICT, PIN-691013.
4. THE TALUK SUPPLY OFFICER, OFFICE OF THE TALUK SUPPLY OFFICER, KOLLAM
TALUK, KOLLAM DISTRICT, PIN-691013.
5. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM, KOLLAM DISTRICT,
PIN-691013.
6. THE DIRECTOR OF FISHERIES DIRECTORATE OF FISHERIES, 4TH FLOOR, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN-695033.
7. DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF
FISHERIES, CIVIL STATION, KOLLAM, PIN-691013.
8. THE FISHERIES OFFICER, MATSYA BHAVAN, KAIKULANGARA WEST, VADY,
CUTCHERY (PO), KOLLAM DISTRICT, PIN-691013.
9. THE MANAGER, DISTRICT MATSYAFED OFFICE, SAKTHIKULANGARA (PO),
KOLLAM, PIN-691581.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay that portion of Exhibit P5 government order, which direct
that those engines have more than 10 years old will not be considered for
allotment of kerosene Permit, and further direct the respondents to accept
the applications of the petitioners' for allotment of Kerosene permit, to
conduct verification of the documents and engines of the petitioners
traditional fishing vessel scheduled on 16-01-2020 and consider allotment
of kerosene permits to the petitioners for using their fishing vessels
described in Exhibit P1 to P4 registrartion certrificates irrespective of
the year of manufacture of the engines of traditional fishing vessels of
the petitioners, during the pendency of the Writ Petition, in the interest
of justice.
WP(C) No.1120/2022 2/3
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.N.SUNIL JOSEPH & B.BIPIN, Advocates for the petitioners,GOVERNMENT
PLEADER for respondents 1 to 8 and of SRI. T.P.PRADEEP,STANDING COUNSEL
for respondent 9, the court passed the following:-
ORDER
Admit.
The learned Government Pleader takes notice for R1 to R8. Standing Counsel Sri. T.P. Pradeep takes notice for R9.
There will be an interim order directing the respondents to accept the appliction of the petitioners and to cause inspection in respect of of the Fishing Vessel of the petitioners, pursuant to Ext.P5. It is made clear that the inspection is purely provisional and will be subject to the outcome of the Writ Petition.
Sd/- N.NAGARESH JUDGE 13-01-2022 /True Copy/ Assistant Registrar WP(C) No.1120/2022 3/3 Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 21.12.2021 ISSUED TO THE 1ST PETITIONER. Exhibit P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 8.5.2020 ISSUED TO THE 2ND PETITIONER.
Exhibit P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 20.12.2021 ISSUED TO THE 3RD PETITIONER. Exhibit P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 1.1.2022 ISSUED BY THE 7TH RESPONDENT.
Exhibit P5 TRUE COPY OF G.O.(RT) NO.718/2021/ FISHERIES AND HARBOR DEPARTMENT DATED 2.12.2021.