Disposed

Muhammed Rais Melayillam v. Union Territory of Lakshadweep

Kerala HC13 Jan 2023WP(C)/471/2023

Case brief

AI extract

What is this about?

The High Court directed the Director of Fisheries to complete impounding proceedings against a fishing vessel named 'Barak' within two weeks after issuing notice to the petitioner, finding the request well-founded.

What did the court decide?

Direction to the 2nd respondent to complete impounding proceedings against the fishing vessel 'Barak' within two weeks, after issuing notice to the petitioner.

Muhammed Rais Melayillam Vs Union… — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 13^TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944

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WP(C) NO. 471 OF 2023

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PETITIONERS:

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1 MUHAMMED RAIS MELAYILLAM AGED 28 YEARS S/O. MUHSIN, MELAYILLAM HOUSE AGATTI ISLAND UT OF LAKSHADWEEP PIN - 682553 2 LUKUMANAUL HAKEEM AGED 23 YEARS S/O IBRAHIM, NALALA HOUSE KADMATH ISLAND U.T OF LAKSHADWEEP PIN - 682553 BY ADVS. AASHIQUE AKTHAR HAJJIGOTHI P.M.MOHAMMED SALIH

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RESPONDENTS:

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1 UNION TERRITORY OF LAKSHADWEEP REPRESENTED BY ITS ADMINISTRATOR, OFFICE OF THE ADMINISTRATOR, KAVARRATTI ISLAND, UNION TERRITORY OF LAKHADWEEP, PIN - 682555 2 THE DIRECTOR OF FISHERIES DIRECTORATE OF FISHERIES, LAKSHADWEEP ADMINISTRATION KAVARRATTI ISLAND, UNION TERRITORY OF LAKHADWEEP, PIN - 682555 BY ADV SAJITH KUMAR V.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C). 471/2023

JUDGMENT

Dated this the 13^th day of January, 2023

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The petitioner, a fisherman from Agatti island in Lakshadweep, took a fishing vessel on lease from the main land and proceeded to Lakshadweep for engaging in fishing activities. This writ petition is filed alleging delay on the part of the respondents in issuing licence for entering the territorial waters of Lakshadweep.

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Learned Counsel for the petitioner submitted that every day's delay is crucial as far as the petitioner is concerned.

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Learned Standing Counsel for Lakshadweep Administration submitted that the authorities have initiated proceedings for impounding the fishing vessel for entering the territorial waters of Lakshadweep without licence.

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W.P.(C). 471/2023

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Thereupon, learned counsel for the petitioner submitted that he will be satisfied with a direction to complete the impounding proceedings at the earliest, with notice to the petitioner.

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I consider the said request to be well founded.

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The writ petition is accordingly disposed of, directing the 2^nd respondent to complete the impounding proceedings initiated against the Fishing vessel named 'Barak' bearing Registration No. 'IND-KL-04-MM-1656' within two weeks, after issuing notice to the petitioner. Petitioner's liberty to challenge the order, if any passed against him, is left open.

Sd/-

V.G.ARUN

JUDGE

W.P.(C). 471/2023

APPENDIX OF WP(C) 471/2023

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE APPLICATION FOR OBTAINING
	PERMISSION FOR PROCURING FISH FROM THE LOCAL FISHERMEN SUBMITTED BEFORE THE 2ND RESPONDENT DATED 15.12.2022
Exhibit P2	A TRUE COPY OF THE APPLICATION FOR OBTAINING PERMISSION FOR PROCURING FISH FROM THE LOCAL FISHERMEN SUBMITTED BEFORE THE 2ND RESPONDENT ON 02/01/2023 BY THE SECOND PETITIONER
RESPONDENT ANNEXURES
Annexure R1(a)	A true copy of the letter No. F.No.03/01/2021-POL(CSS)/2103 dated 26.09.2022
Annexure R1(b)	A true copy of the guidelines No. F.No 50/5/2021-FY(Vol 1)/1393 dated 30.09.2022
Annexure R1(c)	A true copy of the letter dated 22.12.2022 forwarded from the RFO and Head, Wildlife Division to the Director, Department of Fisheries
Annexure R1(d)	A true copy of the Judgment in BA No. 2497 of 2022 dated 19.04.2022
Annexure R1(e)	A true copy of the Inspection Report F.No.1/1/2021-AO(LMFR)AGT dated 28.12.2022 submitted by the Authorized Officer, LMFR, Agatti
Annexure R1(f)	A true copy of the Office Memorandum, F.No. 45/2/2011-FY dated 30.12.2022
Annexure R1(g)	A true copy of the letter forwarded from the Director of Fisheries to the Superintendent of Police, No. F.No. 45/2/2011-FY/1716 dated 30.12.2022
Annexure R1(h)	A true copy of the lease dated 12.12.2022

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W.P.(C). 471/2023

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entered into between the 1st Petitioner and the owner of the boat

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Annexure R1(i) A true copy of the Circular F.No.50/05/2021FY(Vol1)/Part1/37 dated 6.01.2023

Muhammed Rais Melayillam v. Union Territory of Lakshadweep

Case brief

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Muhammed Rais Melayillam v. Union Territory of Lakshadweep

Case brief

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