Dismissed¶39

Shivadasan.K v. State of Kerala

Kerala HC24 Mar 2025WA/551/2025

Case brief

AI extract

What is this about?

Dismissal of writ appeal WA 551/2025 (Kerala High Court, Ernakulam, 24.03.2025; Nitin Jamdar C.J. and S. Manu J.; neutral citation 2025:KER:27610) against refusal of interim relief in WP(C) 10565/2025; challenge to Section 17(4), Kerala Inland Fisheries and Aquaculture Act 2010 (Act 15 of 2010); fishing restricted to stipulations in licence; prevention of over-exploitation; regulation of fishing; sustainable development; interim relief; discretionary order of learned Single Judge upheld.

What did the court decide?

Act 15 of 2010 was enacted to prevent over-exploitation and regulate fishing activities, keeping in mind the principles of sustainable development, and accordingly the prima facie case for disturbing the Single Judge's order failed ¶38

Shivadasan.K Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶39

Issue for consideration

Whether relief permitting the petitioners to carry out fishing activity beyond the stipulations contained in the licence could be granted in WP(C) No.10565 of 2025 without setting aside or declaring unconstitutional Section 17(4) of the Kerala Inland Fisheries and Aquaculture Act, 2010 (Act 15 of 2010) +1 more

¶38

Court's answer

Section 17(4) of the Kerala Inland Fisheries and Aquaculture Act, 2010 (Act 15 of 2010) prescribes that no fishing activity shall be carried out beyond what is stipulated in the licence; therefore, permitting the petitioners to carry out activities beyond the licence stipulations, without setting aside or declaring the provision unconstitutional, would be directly contrary to the statute

¶38

Ratio / Principle

¶38

Key takeaways

There is no error or perversity in the discretionary order passed by the learned Single Judge in not granting the interim reliefratio¶38

Detailed headnote1 paragraphs

Writ Appeal (W.A. No.551 of 2025, Kerala High Court, Ernakulam, decided 24.03.2025) against the interim order dated 17.03.2025 in WP(C) No.10565 of 2025, whereby the writ petition was admitted but no interim relief was granted. Appellants had challenged Section 17(4) of the Kerala Inland Fisheries and Aquaculture Act, 2010 (Act 15 of 2010), which prescribes that no fishing activity shall be carried out beyond what is stipulated in the licence. Held (Nitin Jamdar, C.J.): (i) permitting activities beyond the licence stipulations without setting aside or declaring the provision unconstitutional would be directly contrary to the statute; (ii) Act 15 of 2010 was enacted to prevent over-exploitation and regulate fishing activities, keeping in mind the principles of sustainable development; (iii) consequently, there was no error or perversity in the learned Single Judge's discretionary refusal of interim relief. Appeal dismissed.

2025:KER:27610

W.A.No.551 of 2025

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5

PRESENT

¶6

THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

¶7

¶8

THE HONOURABLE MR. JUSTICE S.MANU

¶9

MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947

¶10

WA NO.551 OF 2025

¶11

AGAINST THE ORDER DATED 17.03.2025 IN WP(C) NO.10565 OF

¶12

2025 OF HIGH COURT OF KERALA

¶13

APPELLANTS/PETITIONERS:

¶14

1SHIVADASAN.K, AGED 58 YEARS
S/O. KUMARAN, SHIVABHAVANAM,CLAPPANA (P.O),
KARUNAGAPALLY, KOLLAM, PIN - 690525

¶15

2RAJKUMAR, AGED 58 YEARS
S/O.SHANKARAN, KARTHIKA, BHAVANAM, K.S.PURAM, ADHINAD
(P.O), KARUNAGAPPILLY, KOLLAM - 690542

¶16

3 OMANAKUTTAN, AGED 60 YEARS S/O.ARJUNAN CHETTIYAR, AGED 60 YEARS, CHAITHRAM, VARAVILA P.O., KOLLAM, PIN - 690528

¶17

BY ADVS.
R.REJI
ARJUN R.
ARUN BOSE
B.BIPIN
JEENA A.V.
M.V.THAMBAN
RAGESH R.
THARA THAMBAN

2025:KER:27610

W.A.No.551 of 2025

RESPONDENTS/RESPONDENTS:

¶23

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶24

2 THE FISHERIES DIRECTOR DIRECTORATE OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033

¶25

3 THE DEPUTY DIRECTOR OF FISHERIES VIDYA NAGAR, KOLLAM, KOLLAM DISTRICT, PIN - 688013

¶26

4 THE STATION HOUSE OFFICER KANAKAKUNNU POLICE STATION, VELANCHIRA, PATTOLI MARKET PO, ALAPPUZHA DISTRICT, PIN - 690531

¶27

5 THE STATION HOUSE OFFICER OACHIRA POLICE STATION, KOLLAM DISTRICT - 696526

¶28

6 THE STATION HOUSE OFFICER THRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA DISTRICT, PIN - 690515

¶29

TEKCHAND V, SR.GOVERNMENT PLEADER

¶30

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.03.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.No.551 of 2025

2025:KER:27610

JUDGMENT

Dated this the 24^th day of March, 2025

¶36

Nitin Jamdar, C.J.

¶37

Heard Mr.R.Reji, learned counsel for the Appellant and Mr.V.Tekchand, learned Senior Government Pleader appearing for the State.

¶38

The Appeal has been filed against an interim order, whereby the Writ Petition was admitted but no interim relief was granted. The Petitioner challenges Section 17(4) of the Kerala Inland Fisheries and Aquaculture Act, 2010 (Act 15 of 2010), which prescribes that no fishing activity shall be carried out beyond what is stipulated in the licence. If the Petitioners are permitted to carry out activities beyond the stipulations contained in the licence, without setting aside or declaring this particular provision as unconstitutional, the grant of such a relief would be directly contrary to the statute. As far as the prima facie case for challenging the provision is concerned, Act 15 of 2010 has been enacted to prevent over-exploitation and regulate fishing activities, keeping in mind the principles of sustainable development. Therefore, we find no error or perversity in the discretionary order passed by the learned Single Judge in not granting the interim relief.

¶39

The Appeal is accordingly dismissed.

¶40

Sd/NITIN JAMDAR CHIEF JUSTICE

Sd/S. MANU JUDGE

vgd/25.03.25

2025:KER:27610

W.A.No.551 of 2025

APPENDIX OF WA 551/2025

¶47

APPELLANTS’ EXHIBITS

¶48

`EXHIBIT P1`	`ENGLISH TRANSLATION` `PETITION`	`OF EXHIBIT P1 IN WRIT`
`EXHIBIT P2`	`ENGLISH TRANSLATION` `PETITION`	`OF EXHIBIT P2 IN WRIT`
`EXHIBIT P3`	`ENGLISH TRANSLATION` `PETITION`	`OF EXHIBIT P3 IN WRIT`
`EXHIBIT P4`	`ENGLISH TRANSLATION` `PETITION`	`OF EXHIBIT P4 IN WRIT`
`EXHIBIT P5`	`ENGLISH TRANSLATION` `PETITION`	`OF EXHIBIT P5 IN WRIT`
`EXHIBIT P8`	`ENGLISH TRANSLATION` `PETITION`	`OF EXHIBIT P8 IN WRIT`

Shivadasan.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shivadasan.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bsd Education Society, Vs State of Kerala

Tahsildar, Chirayinkeezhu Taluk Vs Mohammed Baji

P.V. Jose Vs the Arpookara Grama Panchayath

Trivandrum Apollo Towers Pvt. Ltd. Vs Union of India

The Revenue Division Officer/ Sub Collector, Vs Jacob Boban

Anil Kumar G., Vs State Bank of India