Petitioners sought directions to decide on a fishing harbour location. The Court found no final decision made by the Government and held that policy decisions cannot be interfered with at this stage.
Petition disposed; no directions issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
WEDNESDAY, THE 23RD DAY OF MAY 2012/2ND JYAISHTA 1934
WP(C).No. 3984 of 2012 (W)
PETITIONER(S):
1. P.SAIDALAVI, AGED 62 YEARS,
2. C. BALAGOPALAN,
3. MOIDEEN KOYA,
AGED 55 YEARS, S/O. MOIDEENKUTTY, KORAYANTEPURAKKAL, AALUNGAL, CHETTIPPADI.P.O, PIN - 676 319 PARAPPANANGADI, MALAPPURAM DISTRICT.
BY ADVS.SRI.K.N.VINODKUMAR SMT.P.LAKSHMY
RESPONDENT(S):
1. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. DEPARTMENT OF PORTS,
3. CHIEF ENGINEER,
*ADDL.R4 AND R5 IMPLEADED
*R4. K.T.ABHUBAKKER ,S/O. KUNHIMARAKKAR, AGED 58 YEARS, RESIDING AT KAPPAKKARAN PURAKKAL, PARAPPANANGADY, OTTUMMEL, MALAPPURAM- 676 012.
2/-
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WP(C)NO.3984/2012
*R5: FIZAL,S/O.IMPEACHY, AGED 35 YEARS, RESIDING AT PALAMADATHIL, OTTUMEL, CHAPPI, PARAPPANANGADI, MALAPPURAM DISTRICT PIN: 676 012.
*ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 13/03/2012 IN IA. 3491/2012.
BY GOVERNMENT PLEADER SRI.VINCENT.K.C BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C)NO.3984/2012
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO.JUDGE
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T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.3984 Of 2012-W
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DATED THIS THE 23rd DAY OF MAY, 2012
JUDGMENT
The Writ Petition is filed by the petitioners seeking for the following reliefs.
this Court directed the respondents to report the location fixed for establishing the fishing harbour. In fact, I.A.No.3491/12 was filed by two persons to implead them as additional respondents 4 and 5 to oppose the prayers of the writ petitioners and their plea is for another location.
and additional respondents 4 and 5 appears to be with regard to
W.P.(C)No.3984/12 -2-
the location of the proposed fishing harbour. Going by the communications placed for perusal before this Court by the learned Government Pleader, it does not appear that the Government has taken a final decision in the matter. It is also clear that various reports, technical and otherwise, have been called for by the Government.
The Writ Petition is disposed of as above.
Sd/-( T.R.RAMACHANDRAN NAIR , JUDGE)
dsn
P.Saidalavi
C. Balagopalan
Moideen Koya
Government of Kerala
Department of Ports
Fizal
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
