Ambarimatha Trust vs State Of Kerala
2021 Latest Caselaw 6302 Ker

WP(C).No.2875 OF 2021(H)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.2875 OF 2021(H)


PETITIONER/S:

                AMBARIMATHA TRUST,
                RUBY LANE, THAMMANAM, ERNAKULAM-32, REPRESENTED BY
                TRUSTEE, MR. VIMAL ARACKAL, AGED 42, S/O. CHARLES
                ARACKAL, RUBY LANE, THAMMANAM, ERNAKULAM-682032.

                BY ADVS.
                SRI.PRAVEEN K. JOY
                SRI.E.S.SANEEJ
                SRI.M.P.UNNIKRISHNAN
                SMT.M.K.SAMYUKTHA
                SRI.N.ABHILASH
                SHRI.DEEPU RAJAGOPAL
                SRI.T.A.JOY

RESPONDENT/S:

      1         STATE OF KERALA,
                REPRESENTED BY SECRETARY, FISHERIES DEPARTMENT,
                SECRETARIAT, TRIVANDRUM-695001.

      2         DISTRICT COLLECTOR,
                ERNAKULAM-682030.

      3         THE SECRETARY,
                FISHERIES DEPARTMENT, SECRETARIAT,
                THIRUVANANTHAPURAM-695001.

      4         THE DIRECTOR,
                DIRECTORATE OF FISHERIES, 4TH FLOOR, VIKAS BHAVAN,
                TRIVANDRUM-695033.

      5         JOINT DIRECTOR OF FISHERIES,
                FISHERIES DEPARTMENT, CENTRAL ZONE, SALIM ALI ROAD,
                ERNAKULAM-682018.

      6         DEPUTY DIRECTOR OF FISHERIES,
                ERNAKULAM ZONAL, FISHERIES DEPARTMENT, ERNAKULAM-
                682018.
 WP(C).No.2875 OF 2021(H)
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      7      FISH FARM DEVELOPMENT AGENCY,
             FISHERIES DEPARTMENT, ERNAKULAM, REPRESENTED BY
             FISHERIES OFFICER, PIN-682018.

      8      THE ASSISTANT FISHERIES EXTNESION OFFICER,
             BACKWATER DEPARTMENT, ERNAKULAM-682031.

      9      VILLAGE OFFICER,
             KUMBALANGI VILLAGE, ERNAKULAM-682007.

      10     SOBY ANTONY,
             S/O. ANTONY, PUTHUKANDANSSERY HOUSE, NEENDAKARA,
             EZHUPUNNA-688537.


OTHER PRESENT:

             SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2875 OF 2021(H)
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                                         JUDGMENT

Dated this the 22nd day of February 2021

The petitioner Trust claims to have large extent of

property for conducting fish farming. It is stated that the 10 th

respondent is doing fish farming and prawn filtration, though he

does not have any property and he is given permission by the

authorities where as the petitioner is not given permission

raising technical objections. It is stated that the petitioner

has also requested for permission for conducting fish

farming/cultivation of prawn filtration. As against the

permission granted to the 10th respondent, petitioner has

submitted Ext.P11 complaint before the 6th respondent and Ext.P12

complaint before the 2nd respondent. The petitioner claims that

respective respondents are not taking any action.

2. I heard the learned counsel for the petitioner as well

as the learned Standing Counsel.

As the learned counsel for the petitioner submitted that

petitioner would be satisfied with a direction to the 2 nd

respondent to consider Ext.P12 complaint, there shall be a

direction to the 2nd respondent to consider Ext.P12 complaint and

to pass orders after affording an opportunity of hearing to the

petitioner as well as the 10th respondent and any other parties, WP(C).No.2875 OF 2021(H)

if any, who are likeli to be affected, in accordance with law

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

of the judgment.

Sd/-

                                         P.V.ASHA

rkc                                        JUDGE
 WP(C).No.2875 OF 2021(H)




                           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 COPY OF THE SURVEY REPORT DATED NIL.

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

EXHIBIT P10 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.912/2020 DATED 04/03/2020.

EXHIBIT P11 THE TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 6TH RESPONDENT DATED 25/01/2021.

EXHIBIT P12 THE TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT DATED 25/01/2021.