Shaiju vs State Of Kerala
2022 Latest Caselaw 10061 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  TUESDAY, THE 13TH DAY OF SEPTEMBER 2022 / 22ND BHADRA,
                             1944
                    WP(C) NO. 29120 OF 2022
PETITIONER/S:

           SHAIJU, AGED 46 YEARS, S/O.THACHAPPAN,
           KAITHAKATTUNIKARTHIL, EZHUPUNNA MURI,
           EZHUPUNNA.P.O., CHERTHALA,
           ALAPPUZHA DISTRICT, PIN - 688537

           BY ADVS.
           DINESH MATHEW J.MURICKEN
           K.A.ABHILASH
           VINOD S. PILLAI
           MOHAMMED THAYIB N.M.
           NAYANA VARGHESE
           AHAMMAD SACHIN K.
           K.S.SANGEETHA (KOOMBEL)



RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY,
            FISHERIES DEPARTMENT,
            SECRETARIAT, PALAYAM.P.O.,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695001

    2       THE DIRECTOR OF FISHERIES
            DIRECTORATE OF FISHERIES,
            VIKAS BHAVAN.P.O.,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695033

    3       THE DEPUTY DIRECTOR OF FISHERIES
            OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES,
            KIDANGAMPARAMP, THATHAMPALLY.P.O.,
            ALAPPUZHA DISTRICT, PIN - 688013
 WP(C) NO. 29120 OF 2022

                                   ..2..

    4          THE AGRICULTURAL OFFICER
               KRISHI BHAVAN,
               EZHUPUNNA, ERAMALLOOR P.O.,
               ALAPPUZHA DISTRICT, PIN - 688537

               BY SR. GOVERNMENT PLEADER      - SMT.PARVATHY K.


        THIS    WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   13.09.2022,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 29120 OF 2022

                                  ..3..

                               JUDGMENT

This writ petition is filed by the petitioner

with the following prayers;

"i) issue a writ of mandamus or any other appropriate writ order or direction to the 4th respondent to issue a certificate showing that the extent of 19.15 acre comprised in Sy.No.324/1 in Ezhupunna Village not suitable for paddy cultivation.

ii) issue a writ of mandamus or any other appropriate writ or direction to the 4th respondent to consider Exhibit P9 application and to pass appropriate orders.

iii) dispense with the production of English translation of vernacular documents.

iv) grant such other reliefs which this Honourable Court may deem fit and proper in the circumstances of the case."

2. Heard the learned counsel for the

petitioner and the learned Government Pleader.

3. The learned counsel for the petitioner

submits that the petitioner along with one

Zachariah had taken on licence properties

admeasuring 797.12 ares in Sy.Nos. 305/1-23,

305/1-22, 324/1A/1/8, 324/A1/9, 324/1A/1/10 &

305/1 of Ezhupunna Village for conducting a fish

farm and has completed all the necessary WP(C) NO. 29120 OF 2022

..4..

formalities such as application for licence in

Form AL1 of the Kerala Inland Fisheries and

Aquaculture Rules, 2013. When the 3rd respondent

refused to receive the application for licence,

the petitioner approached this Court by filing

WP(C) No.18440/2022 and this Court directed the

3rd respondent to accept the licence application

and prescribed fees. The 3rd respondent accepted

the licence application and issued Ext.P7

communication, directing the petitioner to

produce certificate from the 4th respondent,

showing that the land covered by the licence

application is not fit for paddy cultivation.

Thereafter, the petitioner submitted Ext.P9

application dated 20.08.2022 before the 4th

respondent. Non consideration of Ext.P9

application by the 4th respondent has forced the

petitioner to approach this Court with the above

writ petition.

4. The learned Government Pleader, on WP(C) NO. 29120 OF 2022

..5..

instructions, submits that a direction can be

given to the 4th respondent to consider Ext.P9

application within a time frame.

5. Having heard the submissions of the

learned counsel for the petitioner and the

learned Government Pleader, I am of the opinion

that the writ petition can be disposed of as

follows;

The 4th respondent - Agricultural Officer is

directed to consider and pass orders on Ext.P9

application in accordance with law, after

affording an opportunity of being heard to the

petitioner, within a period of three weeks from

the date of receipt of a certified copy of this

judgment.

The writ petition is disposed of as above.

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE bka/-

WP(C) NO. 29120 OF 2022

..6..

APPENDIX OF WP(C) 29120/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LICENSE AGREEMENT EXECUTED IN FAVOUR OF THE PETITIONER AND ANOTHER DATED 20.03.2021

Exhibit P2 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, EZHUPUNNA VILLAGE OFFICE DATED 04.08.2021

Exhibit P3 TRUE COPY OF THE CERTIFICATE OF ENROLMENT OF FARMS ISSUED TO THE LICENSOR OF THE PETITIONER BY THE DEPUTY DIRECTOR OF MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY DATED 21.04.2022

Exhibit P4 TRUE COPY OF THE CERTIFICATE OF AQUA CULTURE LICENSE ISSUED UNDER RULE 18(2) OF THE KERALA INLAND FISHERIES AND AQUACULTURE RULES, 2013

Exhibit P5 TRUE COPY OF THE APPLICATION FOR AQUA CULTURE LICENSE SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 27.05.2022

Exhibit P6 THE TRUE COPY OF THE JUDGEMENT IN WP(C) 18440 OF 2022 DATED 22.06.2022

Exhibit P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 10.08.2022 TO THE PETITIONER

Exhibit P8 TRUE COPY OF THE REPORT FROM THE AGRICULTURAL DEPARTMENT DATED 07.03.2014

Exhibit P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 20.08.2022