Disposed

Karmmali James v. State of Kerala

Kerala HC4 Feb 2021WP(C)/2223/2021

Case brief

AI extract

What is this about?

Writ petition filed by a fisherman complaining that his boat was seized without notice for alleged violations of fishing regulations. Court dismissed the petition, directing the department to initiate adjudication and decide on interim custody within two days of receiving an application.

What did the court decide?

Writ petition disposed. Liberty to raise contentions before adjudicating officer. Respondent to pass orders on interim custody within two days of receiving application.

Karmmali James Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942 WP(C).No.2223 OF 2021(C)

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PETITIONER:

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KARMMALI JAMES, AGED 54 YEARS, W/O. JAMES, ALBIN BHAVANAM, NEENDAKARA P.O, KOLLAM-691582.

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BY ADVS. SRI.PRATHEESH.P SMT.S.REKHA KUMARI SMT.S.SEETHA SMT.ANJANA KANNATH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-691001.

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2 THE DIRECTOR OF FISHERIES, DIRECTORATE OF FISHERIES, VIKAS BHAVAN, 4TH FLOOR, PALAYAM, THIRUVANANTHAPURAM-695033.

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3 DEPUTY DIRECTOR OF FISHERIES, CIVIL STATION BUILDING, KOLLAM-691013.

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4 ASSISTANT DIRECTOR OF FISHERIES, FISHING HARBOUR COMPOUND, NEENDAKARA, KOLLAM-691582.

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5 THE SUB INSPECTOR OF POLICE, NEENDAKARA COASTAL POLICE STATION, NEENDAKARA, KOLLAM-691582.

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BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON 04.02.2021, DELIVERED THE FOLLOWING:

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WP(C).No.2223 OF 2021(C)

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JUDGMENT

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The complaint of the petitioner is that his fishing boat was seized on 21.01.2021 consequent to registration of Ext.P1 FIR in Crime No.27/2020 on 11.12.2020, alleging violation of Kerala Marine Fishing Regulation Act and Rules as well as COVID protocol. It is also alleged that the fishermen in the boat abused and threatened the Marine Enforcement Police Officer. Petitioner alleges that the fishing boat was seized on 21.01.2021 without issuing any notice and she is asked to pay fine for releasing the vessel without initiating any proceedings or issuing any memo of charge and therefore petitioner has submitted Ext.P3 representation before the 3^rd respondent. The writ petition is filed complaining that the 3^rd respondent is not taking any action to release her fishing boat.

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3. The learned Government Pleader on

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WP(C).No.2223 OF 2021(C)

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instructions submits that the 3^rd respondent has already initiated steps for adjudicating the matter.

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4. As adjudication is to be done in accordance with the provisions contained in the Kerala Marine Fishing Regulation Act and Rules, petitioner would be given notice and sufficient opportunity to defend her case. At the time of adjudication, the 3^rd respondent shall also consider the representation Ext.P3 submitted by the petitioner.

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Therefore the writ petition is disposed of with liberty to petitioner to raise all her contentions before the 3^rd respondent - adjudicating officer, for which steps are already initiated. As the boat is remaining in the custody of the respondents from 21.01.2021 onwards, the 3^rd respondent shall pass appropriate orders on the question of interim custody, in case the petitioner submits an

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WP(C).No.2223 OF 2021(C)

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application. Orders shall be passed within two

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days from the date of receipt of the application from the petitioner.

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The writ petition is accordingly

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disposed of. Sd/-

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P.V.ASHA, JUDGE.

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WP(C).No.2223 OF 2021(C)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE COPY OF THE FIR IN CRIME NO.27/2020 OF NEENDAKARA COASTAL POLICE STATION DATED 11.12.2020. EXHIBIT P2 THE COPY OF THE RELEVANT PAGE OF THE ACT, WHICH DEALS WITH SEC.16 OF THE KERALA MARINE FISHING REGULATION ACT, 1980. EXHIBIT P3 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 23RD RESPONDENT DATED 21.1.2021.

Karmmali James v. State of Kerala

Case brief

What is this about?

What did the court decide?

Karmmali James v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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