Ambarimatha Trust vs District Collector
2021 Latest Caselaw 10191 Ker

W.P(c).No.5156/2020-T                      1


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                        THE HONOURABLE SMT. JUSTICE P.V.ASHA

     THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                              WP(C).No.5156 OF 2020(T)

PETITIONERS:

         1         AMBARIMATHA TRUST
                   RUBY LANE, THAMMANAM, ERNAKULAM 32, REPRESENTED BY
                   TRUSTEE, MR VIMAL ARACKAL, AGED 48
                   S/O. CHARLES ARACKAL.

         2         LEELA JACKSON,
                   D/O. LATE JACKSON ARACKAL, ARACKAL HOUSE, NOW
                   RESIDING AT RATHAN BABU ROAD, 15/1/ KOSIPUR,
                   CULCUTTA 2, HAVING ADDRESSED AT ARACKAL VEEDU,
                   KANDAKADAVU MURI, CHELLANAM VILLAGE, KOCHI TALUK,
                   ERNAKULAM DISTRICT, REPRESENTED BY POWER OF
                   ATTORNEY VIMAL ARACKAL, AGED 48,
                   S/O. CHARLES ARACKAL.

         3         MR. VIMAL ARACKAL
                   AGED 48 YEARS
                   S/O. CHARLES ARACKAL, ARACAKL HOUSE, RUBY LANE,
                   THAMMANAM P.O. KOCHI, TRUSTEE, AMBARIMATHA TRUST,
                   RUBY LANE, THAMMANAM, ERNAKULAM 32.

                   BY ADV. SRI.PRAVEEN K. JOY

RESPONDENTS:

         1         DISTRICT COLLECTOR,
                   ERNAKULAM 682 030.

         2         REVENUE DIVISIONAL OFFICER,
                   FORT COCHIN, ERNAKULAM 682 001.

         3         STATION HOUSE OFFICER,
                   KANNAMALI POLICE STATION, KANNAMALI, KOCHI 682 008.

         4         KANDAKADAVU PADASEKHARA COMMITTEE,
                   AGED 55 YEARS
                   KANDAKADAVU 682 008, REP BY SECRETARY, GEORGE,
                   PUTHUKKATHUSSERY.
 W.P(c).No.5156/2020-T                   2




         5         KEATH ANTONY,
                   AGED 35 YEARS
                   S/O V T ANTONY, VACHAKKAL HOUSE, CHELLANAM P.O.,
                   KOCHI 682 007.

                   R5 BY ADV. SRI.S.SUJIN
                   SMT.VINITHA.B, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.5156/2020-T                               3




                                           P.V.ASHA, J.
                        -----------------------------------------------------
                                   W.P(c) No.5156 of 2020-T
                         ----------------------------------------------------
                            Dated this the 25th day of March, 2021

                                       JUDGMENT

The petitioner Trust claims that respondents 4 and 5 are engaged in fish

farming and prawn filtration without any licence. Pointing out the same, the

petitioners have submitted Ext.P8 representation before the 1 st respondent. The

complaint of the petitioners is that the 1 st respondent is not taking any action on

Ext.P8 and respondents 4 and 5 continue fish farming without statutory

permission.

2. As the petitioners claim that no action is taken on Ext.P8 complaint,

there shall be a direction to the 1 st respondent to consider and pass orders on

Ext.P8 complaint after affording an opportunity of hearing to the petitioners as

well as respondents 4 and 5 in accordance with law within a period of three

months from the date of receipt of a copyof this judgment.

The Writ Petition is disposed of accordingly.

Sd/- (P.V.ASHA, JUDGE)

rtr/

APPENDIX PETITIONERS' 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 JUDGMENT IN WPC 34195/2018 DATED 22.10.2018.

EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT IN WPC 29053/19 DATED 30.10.2019.

EXHIBIT P5 THE TRUE COPY OF THE SKETCH OF THE PROPERTY ISSUED BY TALUK SURVEYOR, KOCHI TALUK DTD.NIL.

EXHIBIT P6 THE TRUE COPY OF THE POWER OF ATTORNEY WITH NO. 203/4/2016 DATED 25.10.2016 OF SRO KOCHI.

EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 21.12.2019 OF FISHERIES DEPUTY DIRECTOR OFFICE.

EXHIBIT P8 THE TRUE PHOTOCOPY OF THE REPRESENTATION TO STOP THE ILLEGAL FISH FARMING AND PRAWN FILTRATION DATED 10.02.2020.