Muthu vs The State Of Kerala
2022 Latest Caselaw 61 Ker

Citation : 2022 Latest Caselaw 61 Ker
Judgement Date : 3 January, 2022

Kerala High Court

Muthu vs The State Of Kerala on 3 January, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
    MONDAY, THE 3RD DAY OF JANUARY 2022/13TH POUSHA, 1943
                     WP(C) NO. 24535 OF 2021


PETITIONER:

         MUTHU, S/O.PAKIRAIAH, 44 YEARS,
         FISHERMEN COLONY, NADUVILE (PART),
         CHAITHRAM, VAIKOM P.O.,
         VAIKOM, KOTTAYAM 686 141.

         BY ADV DILIP J. AKKARA


RESPONDENTS:

    1    THE STATE OF KERALA
         REP.BY PRINCIPAL SECRETARY,
         DEPARTMENT OF FISHERIES, SECRETARIAT,
         PALAYAM, THIRUVANANTHAPURAM 695 033.

    2    THE DIRECTOR OF FISHERIES,
         DIRECTORATE OF FISHERIES, VIKAS BHAVAN,
         THIRUVANANTHAPURAM 695 033.

    3    DEPUTY DIRECTOR OF FISHERIES,
         DEPARTMENT OF FISHERIES, PATTURAIKAL,
         THIRUVAMBADI P.O., THRISSUR 680 022.

         BY SRI.APPU P.S., GOVT.PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.24535/2021

                                2




                         JUDGMENT

Dated this the 3rd day of January, 2022

The petitioner who is a Fisherman, is before this Court

seeking to direct the respondents to allow Ext.P4 appeal for

inclusion of petitioner's name in the list of Fishermen as

stipulated in Section 5(2) of 'Kerala Inland Fisheries and

Aquaculture Act.

2. The petitioner states that he is a Fisherman and

eking out his livelihood by fishing from his indigenously

made "Kottavallam (Basket Boat) using permissible size

and class of nets. The petitioner applied for inclusion of his

name in the list of Fishermen maintained by the 3 rd

respondent in the year 2017 as mandated by the Kerala

Inland Fisheries and Aquaculture Act, 2010. Ext.P4

application is pending. Though nearly four years are

elapsed, the respondents have not taken steps to consider WP(C)No.24535/2021

and pass orders on Ext.P4.

3. The petitioner would submit that his application is

kept pending due to the influence by inimical local rivals

using modern and mechanised boats. The petitioner's

"Kottavallam" has been impounded by the respondents.

Therefore unless the respondents consider Ext.P4

application and pass urgent orders thereon, the petitioner

and his family will be put to untold hardship and loss.

4. The learned Government Pleader on instructions

submits that there were complaints regarding the petitioner

using Kottavallam and the Fisheries Officer, Azheekode has

taken action against the petitioner.

5. I have heard the learned counsel for the

petitioner and the learned Government pleader representing

the respondents.

6. From the pleadings it is evident that Ext.P4

name in the list of Fishermen. The petitioner has made

such an application before the Assistant Director of

Fisheries/Deputy Director of Fisheries. In the

circumstances, this Court is of the view that to meet ends of

justice, competent among 2nd and 3rd respondents should

consider the statutory appeal preferred by the petitioner.

In the facts and circumstances of the case, the writ

petition is disposed of directing competent among

respondents 2 and 3 to consider Ext.P4 appeal submitted

by the petitioner and pass orders thereon within a period of

four weeks, if the application is complete in all respects.

Sd/-

APPENDIX OF WP(C) 24535/2021

PETITIONER'S EXHIBITS

Exhibit P1 PHOTOCOPY OF ADHAR CARD NO.4230 4990 0135 ISSUED BY UNIQUE IDENTIFICATION AUTHORITY OF INDIA TO PETITIONER Exhibit P2 PHOTOCOPY OF PETITIONER'S ELECTORAL ID NO.XEM0726679 ISSUED BY THE ELECTORAL REGISTRATION OFFICER Exhibit P3 PHOTOCOPY OF RATION CARD NO.T.R.C./VKM/02309 ISSUED TO PETITIONER BY THE TALUK SUPPLY OFFICER Exhibit P4 PHOTOCOPY OF APPEAL FOR INCLUSION OF IN THE LISTS PUBLISHED BY THE FISHERIES OFFICER DATED 2.10.17 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 PHOTOCOPY OF TAX INVOICE NO.49 DATED 21.07.2021 ISSUED TO PETITIONER BY 'DUA TRADERS' FOR FISHING NET ETC. Exhibit P6 PHOTOCOPY OF NOTICE NO.1/2021 DATED 25.9.21 ISSUED BY 3RD RESPONDENT TO PETITIONER INTIMATING SEIZURE OF PETITIONER'S KOTTAVALLAM AND NET Exhibit P7 PHOTOCOPY OF APPLICATION DATED 5.10.21 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT