Ambarimatha Trust vs State Of Kerala
2021 Latest Caselaw 4370 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.1686 OF 2021(I)


PETITIONER:

               AMBARIMATHA TRUST
               RUBY LANE, THAMMANAM, ERNAKULAM 32
               REPRESENTED BY TRUSTEE, MR VIMAL ARACKAL, AGED 42,
               S/O. CHARLES ARACKAL, RUBY LANE,
               THAMMANAM, ERNAKULAM 682 032

               BY ADVS.
               SRI.PRAVEEN K. JOY
               SRI.E.S.SANEEJ

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, FISHERIES DEPARTMENT,
               SECRETARIAT, TRIVANDRUM 695 001

      2        THE SECRETARY,
               FISHERIES DEPARTMENT, SECRETARIAT,
               TRIVANDRUM PIN 695 001

      3        THE DIRECTOR,
               DIRECTORATE OF FISHERIES, 4TH FLOOR, VIKAS BHAVAN,
               TRIVANDRUM 695 033

      4        DISTRICT COLELCTOR,
               ERNAKULAM 682 030

      5        VILLAGE OFFICER,
               KUMBALANGI VILLAGE, ERNAKULAM 682 007

      6        JOINT DIRECTOR OF FISHERIES,
               FISHERIES DEPARTMENT, CENTRAL ZONE, SALIM ALI ROAD,
               ERNAKULAM 682 018

      7        DEPUTY DIRECTOR OF FISHERIES,
               ERNAKULAM ZONAL, FISHERIES DEPARTMENT,
               ERNAKULAM 682 018

      8        FISH FARM DEVELOPMENT AGENCY,
               FISHERIES DEPARTMENT, ERNAKULAM REPRESENTED BY
               FISHERIES OFFICER 682 018
 WP(C).No.1686 OF 2021(I)             2



       9       THE ASSISTANT FISHERIES EXTENSION OFFICER,
               BACKWATER DEPARTMENT, ERNAKULAM 682 031


OTHER PRESENT:

               SMT.REKHA.C.NAIR,GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1686 OF 2021(I)                          3




                                      JUDGMENT

Dated this the 5th day of February 2021

This writ petition is filed by the petitioner, seeking the

following reliefs:-

"i) To Issue writ, order or direction in the nature of mandamus

directing the 7th respondent to allow Ext.P11 application

and finalize the proceedings and thereby issue the proper

license/sanction for conduct of fish farming and prawn

filtration, within a time limit, in the interest of justice.

ii) To issue necessary directions to process the Ext.P11

application of the petitioner submitted for prawn filtration

and fish farming in the property and also to accept the

Ext.P1 to Ext.P7 and Ext.P10 documents for the purpose of

issuance of proper licenses and sanction by the statutory

authority, within a time limit, in the interest of justice.

iii) To direct the 7th respondent to consider Ext.P14 request

submitted by the petitioner in response to Ext.P13 notice

and accept the land tax receipt and property sketch

submitted by the petitioner for grant of license for fish

farming and prawn filtration."

2. By Ext.P13 letter the 7th respondent has

informed the petitioner that its request would be

considered on production of the requisite documents.

The petitioner claims that it has submitted all the

documents which are necessary, along with Ext.P14

representation.

Therefore, there shall be a direction to the 7 th

respondent to consider Ext.P11 and Ext.P14 and pass

orders on the same, in case, the petitioner has

produced all the requisite documents. Appropriate

orders shall be passed in accordance with law within a

period of one month from the date of receipt of a copy

of this judgment.

Sd/-

P.V.ASHA

JUDGE Ska

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE TRUST DEED WITH NO. 65/IV/2017 DATED 21-08-2017 OF SRO MARADU

EXHIBIT P2 THE TRUE PHOTOCOPY OF THE NOTARIZED COPY OF THE AGREEMENT OF ENTRUSTMENT OF AMBARI MATHA TRUST DATED 03-10-2019

EXHIBIT P3 THE TRUE COPY OF THE TAX RECEIPT WITH NO. 5171709 DATED 20-09-2016

EXHIBIT P4 THE TRUE COPY OF THE TAX RECEIPT WITH NO. 5168169 DATED 06-09-2016

EXHIBIT P5 THE TRUE COPY OF THE TAX RECEIPT WITH NO. 5168167 DATED 06-09-2016

EXHIBIT P6 THE TRUE COPY OF THE TAX RECEIPT WITH NO. 5171707 DATED 20-09-2016

EXHIBIT P7 THE TRUE COPY OF THE SKETCH OF THE PROPERTY ISSUED BY TECHNICAL ASSISTANT , CENTRAL SURVEY OFFICE, SURVEY AND LAND RECORDS, TRIVANDRUM

EXHIBIT P8 THE TRUE PHOTOCOPY OF THE APPLICATION BEFORE THE 7TH RESPONDENT

EXHIBIT P9 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 29053/2019 DATED 30-10-2019

EXHIBIT P10 THE TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 23-10-2020

EXHIBIT P11 THE TRUE PHOTOCOPY OF THE APPLICATION BEFORE THE 7TH RESPONDENT DATED 10-11-2020

EXHIBIT P12 THE TRUE PHOTOCOPY OF THE LETTER DATED 24-11-2020 THE 7TH RESPONDENT

EXHIBIT P13 THE TRUE PHTOOCOPY OF THE NOTICE ISSUED BY THE 7TH RESPONDENT DATED 03-12-2020

EXHIBIT P14 THE TRUE PHOTOCOPY OF THE REQUEST BEFORE THE 7TH RESPONDENT DTD 15-1-2021