Kerala High Court
Babu K V vs The Principal Secretary on 8 December, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
WP(C) NO. 40632 OF 2023
PETITIONER:
BABU K V,
AGED 63 YEARS
S/O VELAYUDAM , KAKKAPARAMBU , PALLIPARAMBU P O,
CHERTHALA ,ALAPPUZHA DISTRICT,, PIN - 688541
BY ADVS.
V.PREMCHAND
HALIYA T.P.
MAHADEV M.J.
RESPONDENTS:
1 THE PRINCIPAL SECRETARY,
DEPARTMENT OF FISHERIES, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE DIRECTOR OF FISHERIES
DEPARTMENT OF FISHERIES,GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM,, PIN - 695001
3 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT,, PIN -
682030
4 THE DEPUTY DIRECTOR OF FISHERIES (ADJUDICATING
OFFICER),
DR SALIM ALI ROAD ,ERNAKULAM DISTRICT,, PIN -
682017
5 THE ASSISTANT DIRECTOR OF FISHERIES
FISHERIES STATION, AZHEEKAL P O, VYPIN, ERNAKULAM
DISTRICT,, PIN - 682508
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 40632 OF 2023
2
JUDGMENT
The petitioner has filed this Writ Petition impugning
Ext.P3 notice, relying upon Ext.P4 judgment of this Court in a
similar manner.
2. Sri.V.Premchand - learned counsel for the
petitioner, asserted that the actions of the Authorised Officer,
under the Kerala Marine Fishing Regulation Act, 1980, namely,
the 4th respondent, in issuing Ext.P3 order, without complying
with the mandatory procedure thereunder is illegal; and
therefore, prayed that he be directed to act implicitly as per
it, particularly under Rule 21 of the Kerala Marine Fishing
Regulation Rules, 2018, qua his boat, which is now
proceeded to be confiscated.
3. When this matter was called today, the learned
Government Pleader - Sri.Sunil Kumar Kuriakose, submitted
that the apprehensions of the petitioner, as voiced in this Writ
Petition, are unnecessary because, the 4 th respondent -
Adjudicating Officer, has already issued an order dated
30.11.2023, imposing a fine of Rs.2 lakhs on the boat in
question. He submitted that the petitioner has an effective
alternative remedy of approaching the District Collector under
WP(C) NO. 40632 OF 2023
Section 18 of the "Regulations".
4. Sri.V.Premchand - learned counsel for the
petitioner, at this time, submitted that his client will invoke his
alternative remedy against the order now issued by the
Adjudicating Authority; but pointed out that, in similar
matters, the Authority had released the vessel, pending such
appeal, on execution of self bond by persons like his clients.
He referred to Ext.P4 judgment, which was delivered by this
Court in a Writ Petition filed by another similarly situated
person, in substantiation.
5. The learned Government Pleader, however,
submitted that, there is only one case where the vessel was
released by the Adjudicating Authority on a self bond, but that
this was in error and that necessary action has been taken
against the said Authority. He, however, conceded that, in
terms of Ext.P4, the vessel involved in WP(C) No.39584/2023
was released on a Self Bond, supported by a solvent surety.
6. Taking note of the afore submissions and since this
court cannot enter into the merits of the order now issued by
the Adjudicating Authority under the 'Regulations', because
the petitioner has an alternative effective remedy; and to
enable him to do so, without the threat of immediate distress
WP(C) NO. 40632 OF 2023
action, I dispose of this Writ Petition in the following manner:
a) The petitioner is granted liberty to invoke his
alternative remedy before the Competent Authority against
the order of the Adjudicating Officer dated 30.11.2023,
produced along with the Memo of the learned Government
Pleader, dated 08.12.2023.
b) The 4th respondent will, however, release the vessel
of the petitioner to him, on appropriate terms - which can be
either through a Self Bond; or on the strength of such Bond to
be executed by him, supported by a solvent surety, to a sum
of Rs.2 lakhs as adjudicated by him.
Needless to say, if the District Collector is to find
against the petitioner, then necessary action against the
vessel can be taken forward in terms of law, notwithstanding
the afore directions, including through Revenue Recovery
measures.
Sd/- DEVAN RAMACHANDRAN,
JUDGE
lsn
WP(C) NO. 40632 OF 2023
APPENDIX OF WP(C) 40632/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 04.11.2019 ISSUED
UNDER THE MERCHANT SHIPPING
(REGISTRATION OF INDIAN FISHING BOATS)
AMENDMENT RULES, 1988
Exhibit-P2 A TRUE COPY OF THE RECEIPT DATED
22.11.2023 ISSUED BY THE KERALA
FISHERMEN'S WELFARE FUND BOARD
Exhibit-P3 A TRUE COPY OF THE NOTICE DATED
27.11.2023 ISSUED BY THE 5TH
RESPONDENT
Exhibit-P4 A TRUE COPY OF THE JUDGMENT IN
WPC.NO.39584/2023 BEFORE THE HON'BLE
HIGH COURT OF KERALA, AT ERNAKULAM
DATED 1-12-2023
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
