Kerala High Court
Karmmali James vs State Of Kerala on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.2223 OF 2021(C)
PETITIONER:
KARMMALI JAMES,
AGED 54 YEARS,
W/O. JAMES,
ALBIN BHAVANAM,
NEENDAKARA P.O, KOLLAM-691582.
BY ADVS.
SRI.PRATHEESH.P
SMT.S.REKHA KUMARI
SMT.S.SEETHA
SMT.ANJANA KANNATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, FISHERIES DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-691001.
2 THE DIRECTOR OF FISHERIES,
DIRECTORATE OF FISHERIES, VIKAS BHAVAN, 4TH FLOOR,
PALAYAM, THIRUVANANTHAPURAM-695033.
3 DEPUTY DIRECTOR OF FISHERIES,
CIVIL STATION BUILDING, KOLLAM-691013.
4 ASSISTANT DIRECTOR OF FISHERIES,
FISHING HARBOUR COMPOUND,
NEENDAKARA, KOLLAM-691582.
5 THE SUB INSPECTOR OF POLICE,
NEENDAKARA COASTAL POLICE STATION, NEENDAKARA,
KOLLAM-691582.
BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON 04.02.2021, DELIVERED THE FOLLOWING:
WP(C).No.2223 OF 2021(C)
2
JUDGMENT
The complaint of the petitioner is that
his fishing boat was seized on 21.01.2021
consequent to registration of Ext.P1 FIR in
Crime No.27/2020 on 11.12.2020, alleging
violation of Kerala Marine Fishing Regulation
Act and Rules as well as COVID protocol. It is
also alleged that the fishermen in the boat
abused and threatened the Marine Enforcement
Police Officer. Petitioner alleges that the
fishing boat was seized on 21.01.2021 without
issuing any notice and she is asked to pay fine
for releasing the vessel without initiating any
proceedings or issuing any memo of charge and
therefore petitioner has submitted Ext.P3
representation before the 3rd respondent. The
writ petition is filed complaining that the 3rd
respondent is not taking any action to release
her fishing boat.
3. The learned Government Pleader on
WP(C).No.2223 OF 2021(C)
instructions submits that the 3rd respondent has
already initiated steps for adjudicating the
matter.
4. As adjudication is to be done in
accordance with the provisions contained in the
Kerala Marine Fishing Regulation Act and Rules,
petitioner would be given notice and sufficient
opportunity to defend her case. At the time of
adjudication, the 3rd respondent shall also
consider the representation Ext.P3 submitted by
the petitioner.
Therefore the writ petition is disposed
of with liberty to petitioner to raise all her
contentions before the 3rd respondent -
adjudicating officer, for which steps are
already initiated. As the boat is remaining in
the custody of the respondents from 21.01.2021
onwards, the 3rd respondent shall pass
appropriate orders on the question of interim
custody, in case the petitioner submits an
WP(C).No.2223 OF 2021(C)
application. Orders shall be passed within two
days from the date of receipt of the
application from the petitioner.
The writ petition is accordingly
disposed of. Sd/-
P.V.ASHA, JUDGE.
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WP(C).No.2223 OF 2021(C)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE COPY OF THE FIR IN CRIME NO.27/2020 OF
NEENDAKARA COASTAL POLICE STATION DATED
11.12.2020.
EXHIBIT P2 THE COPY OF THE RELEVANT PAGE OF THE ACT,
WHICH DEALS WITH SEC.16 OF THE KERALA
MARINE FISHING REGULATION ACT, 1980.
EXHIBIT P3 THE COPY OF THE REPRESENTATION FILED BY THE
PETITIONER BEFORE THE 23RD RESPONDENT DATED
21.1.2021.
