Petitioner, a traditional fisherman, sought a declaration to fish without hindrance from the 4th respondent church and protection from police against illegal levies. The court dismissed the petition as the respondent denied imposing any levy, suggesting the petitioner approach police if interference occurs.
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.
WP(C) NO. 13798 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 13798 OF 2021
PETITIONER/S:
MOSES ROBERT, AGED 33 YEARS, S/O. ROBERT, ARTHILPURAYIDOM, MARIANAD, PUTHUKURICHY P.O, KADINAMKULAM TRIVANDRUM-695 303.
BY ADVS. C.UNNIKRISHNAN (KOLLAM) D.JAYAKRISHNAN SHARON S.V.
RESPONDENT/S:
WP(C) NO. 13798 OF 2021 2
REPRESENTED BY ITS PARISH PRIEST.
BY ADVS. G.P.SHINOD GOVIND PADMANAABHAN AJIT G ANJARLEKAR ATUL MATHEWS
SRI SAYED M THANGAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13798 OF 2021
3
J U D G M E N T
The petitioner states that he is a traditional fisherman. He ekes
out his livelihood by engaging in fishing using small vessels in and around the Mariyanadu fishing harbour. He contends that the 4th respondent has been insisting that the fishermen of the area should pay a fixed percentage of the sales proceeds of the fish from all fishing vessels who use the harbour. The petitioner would rely on an order dated 24.6.2020 passed by the State Human Rights Commission wherein directions were issued to the Police to intervene in the event of any interference being caused to the fishing activities by the 4th respondent. The petitioner contends that despite the orders passed by the State human rights commission, the fourth respondent is insisting on paying a levy to carry out fishing. In the said circumstances, the petitioner is stated to have lodged Ext.P4 complaint before the 3rd respondent. He contends that no action was taken to protect the right of the petitioner to livelihood guaranteed under Article 19(1)(g) of the Constitution of India. It is on these contentions that this writ petition is filed seeking a declaration that the writ petitioner is entitled to earn a livelihood by fishing without any hindrance from the 4th respondent or
WP(C) NO. 13798 OF 2021
4
their men and for a further direction to the respondents 1 to 3 to afford sufficient protection to the petitioner to exercise his life and livelihood.
allegations levelled against them. Paragraph Nos. 3 to 5 are extracted below.
WP(C) NO. 13798 OF 2021
5
WP(C) NO. 13798 OF 2021 6
the fishing activities of the petitioner and are not imposing any levy. In that view of the matter, the petitioner cannot have any further grievance. If contrary to the stand taken by the 4th respondent before this Court, if they interfere in the fishing activities of the petitioner and insist on a levy, which clearly is without any sanction of law, the petitioner may approach the 3rd respondent and lodge a complaint. If any such complaint is received, and if the 3rd respondent finds that the assertions are genuine, necessary action shall be taken to ensure that the petitioner is able to carry out the fishing activities without any obstruction or hindrance being caused by the 4th respondent or their men.
This writ petition is disposed of.
SD/-
RAJA VIJAYARAGHAVAN V,
JUDGE
PS
WP(C) NO. 13798 OF 2021 7
APPENDIX OF WP(C) 13798/2021
PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF NEWS REPORT IN THE NEW INDIAN EXPRESS DAILY DATED 24-07-2019. Exhibit P2 TRUE COPY OF ORDER DATED 24-06-2020 HRMP NO. 8991/11/12/2019/TVM DELIVERED BY THE KERALA STATE HUMAN RIGHTS COMMISSION.
Exhibit P3 TRUE COPY OF RECEIPT DATED 31-12-2020 IN THE NAME OF THE 4TH RESPONDENT CATHOLIC CHURCH. Exhibit P4 TRUE COPY OF PETITION DATED 01-07-2021 BEFORE THE 3RD RESPONDENT SHO, KADINAMKULAM POLICE STATION. Exhibit P5 TRUE COPY OF RECEIPT ISSUED FROM KADINAMKULAM POLICE STATION FOR EXT P4 PETITION.
RESPONDENT(S) EXHIBITS : NIL
2 issues framed by the court
Whether the petitioner is entitled to a declaration that he can earn a livelihood by fishing without hindrance from the respondent church.
Whether a direction should be issued to respondents to afford protection to the petitioner to exercise his life and livelihood.
Moses Robert
The District Collector
The District Police Chief
The Station House Officer
Our Lady of Assumption Church
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
