Writ petition challenging the validity of the Kerala Fish Auctioning Ordinance, 2020. Court dismissed the petition as the impugned Ordinance had lapsed by the time of hearing, and a fresh ordinance had been issued.
None; prayers in the writ petition were not granted as the ordinance had lapsed.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(C) NO. 25462 OF 2020
PETITIONER:
BY ADVS.O.D.SIVADAS
SRI.S.SUNIL NARAYANAN
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NO.25462 OF 2020
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JUDGMENT
Dated this the 20th day of October 2021
S.MANIKUMAR, C.J.
Petitioners have filed this Writ Petition challenging the constitutional validity of the Kerala Fish Auctioning, Marketing and Maintenance of Quality Ordinance, 2020 (Ordinance No.44 of 2020),
primarily on the ground that it is beyond the legislative competence of the State of Kerala.
(a) declare that “Kerala Fish Auctioning, Marketing and Maintenance of Quality Ordinance, 2020” (Ext.P1 produced herein), promulgated by the Government of Kerala is illegal, arbitrary and ultravires to the constitution of India and hence, struck down the same.
(b) declare that the State Government has no power or authority to issue Ext.P1 ordinance for regulate the fishing and realizing commission as per Sec.4 of the Ordinance on the fishery of the petitioners, who are performing the fishing operation beyond the Territorial Waters of the State Government.
(c) call for the records leading to Ext.P1 Ordinance issued by the State Government and quash the same by issuing a writ of certiorari as the same clearly illegal, arbitrary and violate the provisions of Article 213(3) of the Constitution of India.
W.P.(C)NO.25462 OF 2020
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(d) direct the State to allow the innocent passage of the petitioners vessels and operations of fishing and allied activities including auction of fish without Commission.
In the light of the above developments, prayers sought for in this writ petition cannot be granted. Writ petition is dismissed.
SD/S.MANIKUMAR CHIEF JUSTICE
SD/SHAJI P. CHALY JUDGE
jes
W.P.(C)NO.25462 OF 2020
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APPENDIX
PETITIONERS' EXHIBITS:
RESPONDENTS' EXHIBITS:
// TRUE COPY //
P.S. TO JUDGE
1 issue framed by the court
Whether the prayers in the writ petition challenging the validity of an Ordinance can be granted given that the Ordinance had lapsed and a fresh one was subsequently promulgated.
THE FISHING BOAT OPERATORS ASSOCIATION, (KOLLAM DISTRICT), REPRESENTED BY ITS PRESIDENT, SRI. CHARLY JOSE
THE STATE OF KERALA
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
