Lalas K vs State Of Kerala
2021 Latest Caselaw 7719 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                       WP(C).No.3812 OF 2021(B)


PETITIONERS:

      1        LALAS K.,
               AGED 53 YEARS
               S/O.KUMARAN, ANADALATH, AMBIKA MARKET P.O., VAIKOM,
               KOTTAYAM-686 144.

      2        ULLAS.K.N.
               AGED 52 YEARS
               S/O.NARAYANAN, KUNTHATHIL COLONY, AMBIKA MARKET P.O.,
               VAIKOM, KOTTAYAM-686 144.

      3        SASI,
               AGED 70 YEARS
               S/O.KUNJUKUNJU, KALATHIL, AMBIKA MARKET P.O., VAIKOM,
               KOTTAYAM-686 144.

      4        BINDU,
               AGED 50 YEARS
               W/O.AJAYKUMAR, VALIYATHAYYIL, AMBIKA MARKET P.O.,
               VECHUR, VAIKOM, KOTTAYAM-686 144.

      5        SHAJI.A.K.
               AGED 54 YEARS
               S/O.KUMARAN, ANDALATH, AMBIKA MARKET P.O., VAIKOM,
               KOTTAYAM-686 144.

      6        ANEESH.A.T.
               ARESSERIYIL HOUSE, AMBIKA MARKET P.O., VAIKOM,
               KOTTAYAM-686 144.

      7        RAJAN,
               AGED 53 YEARS
               S/O.NARAYANAN, RAJ BHAVAN, AMBIKA MARKET P.O.,
               VAIKOM, KOTTAYAM-686 144.

      8        THANKACHAN,
               AGED 57 YEARS
               S/O.KARUMBAN, VYASASADHANAM, AMBIKA MARKET P.O.,
               VAIKOM, KOTTAYAM-686 144.

      9        RAJESH,
               AGED 42 YEARS
 WP(C).No.3812 OF 2021(B)

                                   2

               S/O.RAJAPPAN, VALIYATHAYYILL, AMBIKA MARKET P.O.,
               VAIKOM, KOTTAYAM-686 144.

      10       ANI.U.P.
               AGED 51 YEARS
               S/O.PADMANBHAN, OTHALATHARA VECHOOR, AMBIKA MARKET
               P.O., VAIKOM, KOTTAYAM-686 144.

      11       SHAJI.P.R.,
               AGED 50 YEARS
               S/O.RAJAN, OTHALATHARA, AMBIKA MARKET P.O., VAIKOM,
               KOTTAYAM-686 144.

      12       SAJI,
               AGED 42 YEARS
               S/O.KRISHNANKUTTY, PUNNATHRAKKARIYIL, AMBIKA MARKET
               P.O., VAIKOM, KOTTAYAM-686 144.

      13       SUDHI,
               AGED 50 YEARS
               S/O.KUNJIKUTTY, VETTAKADAVIL AMBIKA MARKET,
               KOTTAYAM-686 144.

               BY ADV. SRI.BIJU .C. ABRAHAM

RESPONDENTS:

      1        STATE OF KERALA
               REPRESNETED BY THE SECRETARY TO GOVERNMENT,
               FISHERIES DEPARTMENT, GOVERNMENT OF KERALA,
               SECRETARIAT, THIRUVANANTHAPURAM-695 301.

      2        DEPUTY DIRECTOR OF FISHERIES,
               OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES,
               KOTTAYAM-686 001.

      3        INSPECTOR OF FISHERIES,
               OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES,
               DISTRICT OFFICE, KOTTAYAM-686 001.



               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3812 OF 2021(B)

                                             3




                                     JUDGMENT

Dated this the 05th day of March 2021

The writ petition is filed seeking the

following reliefs:

"i) To issue a writ of certiorari quashing Ext.P6 as it is illegal and unjustifiable.

ii) To issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to stop all further proceedings to demolish the Chinese nets of the petitioners.

Iii) To declare that the area where the fishing operation is conducted by the petitioners does not require registration certificate under the Kerala Inland Fisheries Aqua Culture Act, 2014.

iv) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including costs."

2. Petitioners claim to be traditional

fisherman depending on fishing activities for

their livelihood and that the Chinese fish nets

were installed in their property by their

fathers and grant fathers for the last several

years. They are aggrieved by the action of the

respondents in issuing Ext.P6 notice on WP(C).No.3812 OF 2021(B)

04.02.2021 directing them to affix the

registration number on the Chinese net or to

remove the same, in case there is no

registration, under the Kerala Inland Fisheries

and Aquaculture Act and Rules, 2010.

Petitioners claim to be members of Kerala

Fishermen's Welfare Fund Board. They claim

that they had already approached the respondents

with various representations requesting for

registration as well as for grant of license,

but the respondents are not granting

registration or license. At the same time they

continue to harass them for having no license.

It is also their case that they had approached

this Court in W.P.(C) No.16616/2019, which was

disposed of as per Ext.P4 judgment directing the

2nd respondent to consider their representation.

According to them, even thereafter, no positive

action is taken.

3. Heard the learned counsel for the

petitioners and the learned Government Pleader. WP(C).No.3812 OF 2021(B)

4. The respondents are granting

registration of license for installing any

Chinese fish nets on the basis of a policy

decision taken in 1983, despite the effectuation

of Kerala Inland Fisheries and Aquaculture Act,

2010 and the Rules framed thereunder in 2013.

5. I have already disposed of a similar

case by judgment dated 23.02.2021 in W.P.

(C)No.32316 of 2019, where I have directed the

Government to consider the claim of the

petitioners in the light of the 2010 Act and

Rules. The case of the petitioners are also to

be considered in the light of the observations

made in the said judgment.

The writ petition is accordingly disposed

of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.3812 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PASSBOOK OF THE 1ST PETITIONER SHOWING THE MEMBERSHIP NO.8279.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 03.06.2019 PASTED ON THE CHINESE NET.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 14.06.2019.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 21.06.2019 PASSED BY THIS HON'BLE COURT IN WPC NO.16616 OF 2019.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 19.07.2019 PASSED BY THE 2ND RESPONDENT UNDER RTI, 2005.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 04.02.2020 ISSUED BY THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE