Writ appeal filed against an order declining mandamus to re-fix China Net and permit fishing. Court found no proceedings survived due to lack of service on respondents and dismissed the appeal along with condonation of delay application.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 22ND DAY OF NOVEMBER 2019/1ST AGRAHAYANA, 1941
WA.No.458 OF 2014
AGAINST THE JUDGMENT IN WPC 28574/2013 DATED 11-12-2013 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
RAJEEVAN AGED 51 YEARS S/O.LATE MADHUSOODANAN, RESIDING AT THURAYIL PUTHEN VEEDU, AZHEEKAL P.O., KARUNAGAPALLY, KOLLAM DISTRICT.
BY ADV. SRI.SASITH PANICKER SRI.SARIN PANICKER
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HARBOUR ENGINEERING, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 RATNA KUMAR TAIKOOTTIL HOUSE, CHEIYA AZHEEKAL P.O., KARUNAGAPALLY, KOLLAM DISTRICT, HARBOUR ENGINEERING DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
3 RESMI RATNAKUMAR TAIKOOTTIL HOUSE, CHERIYA AZHEEKAL P.O., KARUNGAPALLY, KOLLAM DISTRICT - 691 002.
CMA.1/14 & W.A.458/2014
2
4 COASTAL REGULATORY ZONE MANAGEMENT REPRESENTED BY ITS DIRECTOR, SASTHA BHAVAN PATTOM, THIRUVANANTHAPURAM - 695 003.
5 THE DIRECTOR FISHERIES DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
R1, R5-6 BY SR. GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU R4 BY SRI. M.P. PRAKASH, SC,KERALA COASTAL ZONE MANAGEMENT AUTHORITY R4 BY SRI.K.R.SUNIL, KERALA COASTAL ZONE MANAGEMENT AUTHORITY
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CMA.1/14 & W.A.458/2014
3
JUDGMENT
Dated this the 22nd day of November 2019
S. Manikumar, CJ
Writ Appeal is filed against the judgment in W.P(C). No.28574 of 2013 dated 11.12.2013, by which the writ court declined to issue mandamus directing the respondents to re-fix the China Net and permit the petitioners to continue the occupation of fishing.
As on today, nothing survives for further adjudication in the writ appeal. Hence, C.M.Appl.No.1 of 2014 and writ appeal are dismissed.
Sd/S. Manikumar, Chief Justice
Sd/A.M. Shaffique, Judge
sou.
Rajeevan
State of Kerala
Ratna Kumar Taiyoottil
Resmi Ratnakumar Taiyoottil
Coastal Regulatory Zone Management
Director Fisheries Department
S. Manikumar
A. M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
