Single judge order disposing of a writ petition where the petitioner, a fisherman, sought inclusion in the fishermen list via a statutory appeal. The court directed respondents to consider the appeal within four weeks.
Respondents directed to consider the petitioner's statutory appeal for inclusion in the list of fishermen within four weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF JANUARY 2022/13TH POUSHA, 1943 WP(C) NO. 24535 OF 2021
PETITIONER:
MUTHU, S/O.PAKIRAIAH, 44 YEARS, FISHERMEN COLONY, NADUVILE (PART), CHAITHRAM, VAIKOM P.O., VAIKOM, KOTTAYAM 686 141.
BY ADV DILIP J. AKKARA
RESPONDENTS:
1 THE STATE OF KERALA REP.BY PRINCIPAL SECRETARY, DEPARTMENT OF FISHERIES, SECRETARIAT, PALAYAM, THIRUVANANTHAPURAM 695 033.
BY SRI.APPU P.S., GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.24535/2021
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JUDGMENT
Dated this the 3rd day of January, 2022
The petitioner who is a Fisherman, is before this Court seeking to direct the respondents to allow Ext.P4 appeal for inclusion of petitioner's name in the list of Fishermen as stipulated in Section 5(2) of 'Kerala Inland Fisheries and Aquaculture Act.
WP(C)No.24535/2021
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and pass orders on Ext.P4.
kept pending due to the influence by inimical local rivals using modern and mechanised boats. The petitioner's “Kottavallam” has been impounded by the respondents. Therefore unless the respondents consider Ext.P4 application and pass urgent orders thereon, the petitioner and his family will be put to untold hardship and loss.
submits that there were complaints regarding the petitioner using Kottavallam and the Fisheries Officer, Azheekode has taken action against the petitioner.
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WP(C)No.24535/2021
name in the list of Fishermen. The petitioner has made such an application before the Assistant Director of Fisheries/Deputy Director of Fisheries. In the circumstances, this Court is of the view that to meet ends of justice, competent among 2nd and 3rd respondents should consider the statutory appeal preferred by the petitioner.
In the facts and circumstances of the case, the writ petition is disposed of directing competent among respondents 2 and 3 to consider Ext.P4 appeal submitted
by the petitioner and pass orders thereon within a period of four weeks, if the application is complete in all respects.
Sd/- N. NAGARESH JUDGE
ncd/03.01.2022
WP(C)No.24535/2021
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APPENDIX OF WP(C) 24535/2021
PETITIONER'S EXHIBITS
Exhibit P1 PHOTOCOPY OF ADHAR CARD NO.4230 4990 0135 ISSUED BY UNIQUE IDENTIFICATION AUTHORITY OF INDIA TO PETITIONER Exhibit P2 PHOTOCOPY OF PETITIONER'S ELECTORAL ID NO.XEM0726679 ISSUED BY THE ELECTORAL REGISTRATION OFFICER Exhibit P3 PHOTOCOPY OF RATION CARD NO.T.R.C./VKM/02309 ISSUED TO PETITIONER BY THE TALUK SUPPLY OFFICER Exhibit P4 PHOTOCOPY OF APPEAL FOR INCLUSION OF IN THE LISTS PUBLISHED BY THE FISHERIES OFFICER DATED 2.10.17 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 PHOTOCOPY OF TAX INVOICE NO.49 DATED 21.07.2021 ISSUED TO PETITIONER BY 'DUA TRADERS' FOR FISHING NET ETC. Exhibit P6 PHOTOCOPY OF NOTICE NO.1/2021 DATED 25.9.21 ISSUED BY 3RD RESPONDENT TO PETITIONER INTIMATING SEIZURE OF PETITIONER'S KOTTAVALLAM AND NET Exhibit P7 PHOTOCOPY OF APPLICATION DATED 5.10.21 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT
1 issue framed by the court
Whether the respondents are directed to consider the petitioner's statutory appeal for inclusion in the list of fishermen within four weeks.
1 provisions across 1 enactments
Muthu
The State of Kerala
Director of Fisheries
Deputy Director of Fisheries
N. Nagareth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
