Disposed

Antony C.A. v. State of Kerala

Kerala HC29 Oct 2018WP(C)/7146/2018

Case brief

AI extract

What is this about?

The High Court set aside Exhibit P7 order rejecting the petitioner's appeal without a hearing. The court directed the Cochin Port Trust to reconsider Exhibit P6 appeal with notice and hearing, and ordered maintenance of status quo regarding the fishing net.

What did the court decide?

Exhibit P7 order set aside; direction to respondent to consider appeal with notice and hearing; status quo on fishing net maintained.

Antony C.A. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 29TH DAY OF OCTOBER 2018 / 7TH KARTHIKA, 1940

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WP(C).No. 7146 of 2018

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PETITIONER/S:

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ANTONY C.A. S/O.ANTONY, CHOORAYIL HOUSE, SOUTH CHITTOOR, ERNAKULAM DISTRICT, PIN-682 034.

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BY ADVS. SRI.DINESH MATHEW J.MURICKEN SMT.PRIYANKA VARGHESE SMT.T.J.AMRUTHA SRI.K.A.ABHILASH SRI.N.R.SANGEETHARAJ SRI.VINOD.S.PILLAI

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RESPONDENT/S:

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1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT (FISHERIES) SECRETARIAT, THIRUVANANTHAPURAM-695 001, FISHERIES DEPARTMENT.

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2 THE COCHIN PORT TRUST WILLINGDON ISLAND, KOCHI-682 003, REPRESENTED BY ITS CHAIRMAN.

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3 THE DEPUTY CONSERVATOR OFFICE OF THE DEPUTY CONSERVATOR, COCHIN PORT TRUST, WILLINGDON ISLAND, KOCHI-682 003

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BY ADVS. SMT.LATHA ANAND, SC, COCHIN PORT TRUST

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OTHER PRESENT:

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SR.GP B VINOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7146 of 2018

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JUDGMENT

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The petitioner has approached this Court seeking the following reliefs:

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“i. issue a writ of certiorari or any other appropriate writ or direction to calling for the records leading to Exhibit P7 and to quash the same.

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ii. issue a writ of mandamus or any other appropriate writ or direction to direct the 2^nd respondent to reconsider Exhibit P5 application for License as per the provisions and to pass order on the same as expeditiously as possible.”

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2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for respondents 2 and 3 as well as the learned Government Pleader for the first respondent.

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3. It is submitted by the learned counsel for the petitioner that Exhibit P7 order has been passed rejecting the appeal preferred by the petitioner, without hearing the petitioner and without considering any of the contentions raised in the Appeal. It is submitted that Exhibit P6 appeal is liable to be considered on merits, after hearing the petitioner also.

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WP(C).No. 7146 of 2018

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In the above view of the matter, Exhibit P7 is set aside. There will be a direction to the 2^nd respondent to take up, consider and pass appropriate orders on Exhibit P6 appeal preferred by the petitioner, with notice to the petitioner and after hearing him as also adverting to the contentions advanced by the petitioner. Orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. Till orders are passed as directed above, with notice to the petitioner, the status quo with regard to the fishing net shall be maintained.

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Sd/ANU SIVARAMAN JUDGE

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sab

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WP(C).No. 7146 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXT.P1	TRUE COPY OF THE CARD ISSUED BY TH GOVERNMENT OF IND	MARINE FISHERIES IDENTITY E MINISTRY OF AGRICULTURE, IA TO THE PETITIONER
EXT.P2	TRUE COPY OF THE RESPONDENT DATED	NOTICE ISSUED BY THE 3RD 01.02.2017
EXT.P3	TRUE COPY OF THE SUBMITTED BY THE RESPONDENT DATED	APPLICATION FOR LICENSE PETITIONER BEFORE THE 3RD 1.2.2017
EXT.P4	TRUE COPY OF THE HON'BLE COURT DAT	JUDGMENT PASSED BY THIS ED 27.7.2017
EXT.P5	TRUE COPY OF THE RESPONDENT DATED	ORDER PASSED BY THE 3RD 31.8.2017
EXT.P6	TRUE COPY OF THE PETITIONER BEFORE 27.9.2017	APPEAL FILED BY THE THE 2ND RESPONDENT DATED
EXT.P7	TRUE COPY OF THE RESPONDENT DATED	ORDER PASSED BY THE 2ND 30.01.2018

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TRUE COPY

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PA TO JUDGE sab

Antony C.A. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Antony C.A. v. State of Kerala

Case brief

What is this about?

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