Prof.P.A.Jerald vs State Of Kerala
2021 Latest Caselaw 3712 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                  &

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      WP(C).No.28838 OF 2015(S)


PETITIONER:

               PROF.P.A.JERALD
               AGED 54 YEARS, S/O.P.L.ANTONY,
               ST.ALBERT'S COLLEGE, PALLIPARAMBIL HOUSE,
               YMCA ROAD, FORT KOCHI-682 001.

               BY ADVS.
               SRI.V.J.MATHEW (SR.)
               SRI.DILJITH MANOHAR
               SRI.VIPIN P.VARGHESE

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY HOME SECRETARY, ROOM NO 127,
               NORTH BLOCK , SECRETARIAT, TRIVANDRUM-695 001.

      2        DIRECTOR PORTS,
               STATE OF KERALA, VALIYATURA,
               VALLAKADAVU P O,TRIVANDRUM - 695 008.

      3        THE BOARD OF TRUSTEES,
               COCHIN PORT TRUST, W/ISLAND, COCHIN-682 009,
               REPRESENTED BY ITS DEPUTY CONSERVATOR.

      4        CORPORATION OF COCHIN,
               ERNAKULAM, KOCHI-682 025,
               REPRESENTED BY ITS SECRETARY.

      ADDL.    C.J.KUNJUKUNJU
      R5       AGED 60 YEARS, S/O.JACOB, CHAKKALAKAL HOUSE,
               EAST MUNDAMVELI, KOCHI - 682 005.

               IS IMPLEADED AS ADDITIONAL RESPONDENT NO.5 VIDE ORDER
               DATED 28/09/2015 IN IA.13904/2015.
 W.P.(C)No.28838 of 2015-S
                                2


       ADDL. K.J.JACOB
       R6    S/O.JOSEPH, KUTTIPURATH HOUSE, VYLOPILLY LANE,
             AZAD ROAD, KALOOR, KOCHI - 682 017.

               IS IMPLEADED AS ADDITIONAL RESPONDENT NO.6 VIDE
               ORDER DATED 19/10/2015 IN IA.14463/2015.

       ADDL. THE DIRECTOR,
       R7.   DEPARTMENT OF FISHERIES,
             STATE OF KERALA, THIRUVANANTHAPURAM.

       ADDL. MARINE ENFORCEMENT WING OF THE COASTAL POLICE,
       R8.   STATE OF KERALA, PLAMOOD, KAWDIAR P.O.,
             CHARACHIRA ROAD, THIRUVANANTHAPURAM-695 003.

               R7 & R8 ARE IMPLEADED AS ADDITIONAL RESPONDENT
               NOS.7 AND 8 VIDE ORDER DATED 08/12/2015 IN
               IA.17731/2015.

               R1 BY ADV. SRI.A.G.BASIL
               R1 BY ADV. SRI.N.MANOJ KUMAR
               R1 BY ADV. SRI.P.N.SUKUMARAN
               R3 BY ADV. SRI.K.ANAND (SR.)
               R3 BY ADV. SMT.LATHA ANAND
               R4 BY ADV. SRI.MILLU DANDAPANI,SC,COCHIN
               CORPORATION
               SRI. ADARSH MATHEW REPRESENTING COUNSEL FOR
               PETITIONER,
               SRI. SURIN GEORGE IPE, SR GP FOR R1, R2,
               ADDL. R7 AND ADDL. R8,

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.28838 of 2015-S
                                       3




                                 JUDGMENT

Dated this the 2nd day of February, 2021

S.Manikumar, C.J.

In this Public Interest Litigation, the petitioner has sought for the

following reliefs:

"a. To issue a writ of mandamus any other appropriate writ, directions or orders commanding the 1 st, 2nd, 3rd and 4th respondents to strictly implement the provisions of the Inland Vessels Act 1917 and the Kerala Inland Vessels Rules 2010 and conduct proper and periodical survey and inspection on all vessels/boats within the State before issuing license, issuing fitness certificates and renewing licenses, failing which the officers responsible of the respondents has to be prosecuted.

b. To issue a writ of mandamus any other appropriate writ, direction or order commanding the 1s respondent to appoint special court and direct for judicial investigation at such place fixed by the government under Section 33 of the Inland Vessels Act 1917 with respect to the recent boat accident occurred at Fort Kochi.

c. To issue a writ of mandamus any other appropriate writ, direction or order commanding the respondents to pay adequate pecuniary compensation to the family of the deceased passengers and also to the injured of the Fort Kochi boat tragedy."

2. On this day, when the matter came up for hearing, Adv.Adarsh W.P.(C)No.28838 of 2015-S

Mathew, representing the learned counsel on record, submitted that the

prayers sought for in the writ petition have become infructuous.

Writ petition is, therefore, dismissed as infructuous.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv

/TRUE COPY/

P.A. TO JUDGE