Writ petition filed seeking quashing of an order and direction to consider a statutory revision petition. Court directed respondents to consider the revision and keep further proceedings in abeyance for two months.
Direction to consider statutory revision petition within two months; further proceedings kept in abeyance.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941
WP(C).No.3096 OF 2020(J)
PETITIONERS:
1 SAREESH K.V. AGED 36 YEARS
S/O.SATHYAN MADHAVAN, KAITHAVALAPPIL HOUSE, KAKKATHURUTHY, NARATH P.O., KOLACHERY, KANNUR DISTRICT, PIN-670601.
2 SASI P.S., S/O.SEKHARAN, C.P.QUARTERS, KATTAMBALLY P.O., CHIRACKAL, KANNUR DISTRICT, PIN-670011.
3 I.A.UNNIKRISHNAN, S/O.AYYAPPAN KUNHI, UTTIATHIPARAMBIL HOUSE, NARATH P.O., KANNUR DISTRICT, PIN-670601.
4 K.P.VIJITH, S/O.PURUSHOTHAMAN, KALATHILPARAMBIL HOUSE, KAKKATHURUTHY, NARATH P.O., KANNUR DISTRICT, PIN-670601.
7 ABDUL SALAM.M., S/O.ABOOBACKER K., MUKKANNAN MADAPPURAYIL HOUSE, KATTAMBALLY P.O., CHIRACKAL, KANNUR DISTRICT, PIN-670011.
8 SIVADAS, S/O.SANKARAN, PADAMATTUMMAL HOUSE, NARATH P.O., KANNUR DISTRICT, PIN- 670601.
BY ADVS. SRI.DINESH MATHEW J.MURICKEN SRI.N.R.SANGEETHARAJ SRI.VINOD.S.PILLAI KUM.GAYATHRI MURALEEDHARAN SMT.SREELAKSHMI R.
WP(C).No.3096 OF 2020
2
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT, PALAYAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695001.
SMT.VINEETHA. B., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3096 OF 2020
3
JUDGMENT
This writ petition is filed seeking the following prayers:
“(i) issue a writ of certiorari or any other appropriate writ or direction to calling for the records leading to Exhibit P6 order and to quash the same
(ii) issue a writ of mandamus or any other appropriate writ or direction to direct the 1st respondent to consider Exhibits P7 series of statutory revision and pass order on the same as expeditiously as possible”
WP(C).No.3096 OF 2020
4
time, further proceedings pursuant to Ext.P6 shall be kept in
abeyance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
np
WP(C).No.3096 OF 2020
5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PASS BOOK ISSUED FROM THE KERALA MALSYATHOZHILALI KSHEMANIDHI BOARD TO THE 1ST PETITIONER.
EXHIBIT P1(A) TRUE COPY OF THE PASS BOOK ISSUED FROM THE KERALA MALSYATHOZHILALI KSHEMANIDHI BOARD TO THE 2ND PETITIONER. EXHIBIT P1(B) TRUE COPY OF THE PASS BOOK ISSUED FROM THE KERALA MALSYATHOZHILALI KSHEMANIDHI BOARD TO THE 3RD PETITIONER. EXHIBIT P1(C) TRUE COPY OF THE PASS BOOK ISSUED FROM THE KERALA MALSYATHOZHILALI KSHEMANIDHI BOARD TO THE 4TH PETITIONER. EXHIBIT P1(D) TRUE COPY OF THE PASS BOOK ISSUED FROM THE KERALA MALSYATHOZHILALI KSHEMANIDHI BOARD TO THE 7TH PETITIONER. EXHIBIT P1(E) TRUE COPY OF THE PASS BOOK ISSUED FROM THE KERALA MALSYATHOZHILALI KSHEMANIDHI BOARD TO THE 8TH PETITIONER.
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P2(A) TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P2(B) TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P2(C) TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P2(D) TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 5TH PETITIONER. EXHIBIT P2(E) TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 6TH PETITIONER. EXHIBIT P2(F) TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 7TH PETITIONER.
WP(C).No.3096 OF 2020
6
| EXHIBIT | P2(G) TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE 8TH PETITIONER. |
|---|---|
| EXHIBIT | P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.28910/2019 PASSED BY THIS HONOURABLE COURT DATED 29.10.2019. |
| EXHIBIT | P3(A) TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.28920/2019 PASSED BY THIS HONOURABLE COURT DATED 29.10.2019. |
| EXHIBIT | P3(B) TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.28829/2019 PASSED BY THIS HONOURABLE COURT DATED 29.10.2019. |
| EXHIBIT | P4 TRUE COPY OF THE ORDER NO.C-3476/2019 PASSED BY THE 4TH RESPONDENT AGAINST THE 1ST PETITIONER DATED 03.12.2019. |
| EXHIBIT | P4(A) TRUE COPY OF THE ORDER NO.C-3476/2019 PASSED BY THE 4TH RESPONDENT AGAINST THE 2ND PETITIONER DATED 03.12.2019. |
| EXHIBIT | P4(B) TRUE COPY OF THE ORDER NO.C-3476/2019 PASSED BY THE 4TH RESPONDENT AGAINST THE 3RD PETITIONER DATED 03.12.2019. |
| EXHIBIT | P4(C) TRUE COPY OF THE ORDER NO.C- 3476/2019(1) PASSED BY THE 4TH RESPONDENT AGAINST THE 4TH PETITIONER DATED 05.12.2019. |
| EXHIBIT | P4(D) TRUE COPY OF THE ORDER NO.C-3476/2019 PASSED BY THE 4TH RESPONDENT AGAINST THE 5TH PETITIONER DATED 03.12.2019. |
| EXHIBIT | P4(E) TRUE COPY OF THE ORDER NO.C-3476/2019 PASSED BY THE 4TH RESPONDENT AGAINST THE 6TH PETITIONER DATED 03.12.2019. |
| EXHIBIT | P4(F) TRUE COPY OF THE ORDER NO.C- 3476/2019(1) PASSED BY THE 4TH RESPONDENT AGAINST THE 7TH PETITIONER DATED 05.12.2019. |
| EXHIBIT | P4(G) TRUE COPY OF THE ORDER NO.C- 3476/2019(1) PASSED BY THE 4TH RESPONDENT AGAINST THE 8TH PETITIONER DATED 05.12.2019. |
WP(C).No.3096 OF 2020
7
| EXHIBIT | P5 TRUE COPY OF APPEAL SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.11.2019. |
|---|---|
| EXHIBIT | P5(A) TRUE COPY OF APPEAL SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.11.2019. |
| EXHIBIT | P5(B) TRUE COPY OF APPEAL SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.11.2019. |
| EXHIBIT | P5(C) TRUE COPY OF APPEAL SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.11.2019. |
| EXHIBIT | P5(D) TRUE COPY OF APPEAL SUBMITTED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.11.2019. |
| EXHIBIT | P5(E) TRUE COPY OF APPEAL SUBMITTED BY THE 6TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.11.2019. |
| EXHIBIT | P5(F) TRUE COPY OF APPEAL SUBMITTED BY THE 7TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.11.2019. |
| EXHIBIT | P6 TRUE COPY OF THE ORDER NO.DFTVM/1730/2019-C3 PASSED BY THE 2ND RESPONDENT DATED 01.01.2019. |
| EXHIBIT | P7 TRUE COPY OF THE REVISION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2020. |
| EXHIBIT | P7(A) TRUE COPY OF THE REVISION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2020. |
| EXHIBIT | P7(B) TRUE COPY OF THE REVISION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2020. |
| EXHIBIT | P7(C) TRUE COPY OF THE REVISION SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2020. |
| EXHIBIT | P7(D) TRUE COPY OF THE REVISION SUBMITTED BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2020. |
WP(C).No.3096 OF 2020
8
EXHIBIT P7(E) TRUE COPY OF THE REVISION SUBMITTED BY THE 6TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2020. EXHIBIT P7(F) TRUE COPY OF THE REVISION SUBMITTED BY THE 7TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2020. EXHIBIT P7(G) TRUE COPY OF THE REVISION SUBMITTED BY THE 8TH PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.01.2020.
RESPONDENT'S/S EXHIBITS: NIL
2 issues framed by the court
Whether the Fisheries Department should consider the revision petition filed by the petitioners.
Whether further proceedings based on the earlier impugned order should be kept in abeyance.
Sareesh K.V. and others
State of Kerala represented by the Secretary, Fisheries Department
The Director of Fisheries
The Assistant Director of Fisheries
The Deputy Director of Fisheries
The Fisheries Inspector, Thalassery
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
