Kerala High Court
The Dtpc Contract Boat Owners And ... vs The State Of Kerala on 16 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
WP(C) NO. 30688 OF 2023
PETITIONER:
THE DTPC CONTRACT BOAT OWNERS AND STAFF ASSOCIATION
REG.NO. KLM/TC/184/2023, PUTHUMANGALAM, PRAKKULAM
P.O., KOLLAM, REPRESENTED BY ITS SECRETARY., PIN -
691602
BY ADVS.
ALEX.M.SCARIA
BEAS K. PONNAPPAN
A.J.RIYAS
SARITHA THOMAS
PAVAN ROSE JOHNSON
ALEN J. CHERUVIL
SAHL ABDUL KADER
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE DEPUTY DIRECTOR TO GOVERNMENT,
TOURISM DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT TOURISM PROMOTION COUNCIL
REPRESENTED BY ITS SECRETARY, DISTRICT TOURISM
PROMOTION COUNCIL (DTPC), NEAR KSRTC BUS STAND,
KOLLAM., PIN - 691001
3 THE DISTRICT DISASTER MANAGEMENT AUTHORITY
REPRESENTED BY ITS CHAIRPERSON, THE DISTRICT
COLLECTOR, CIVIL STATION ROAD, KAANKATHU MUKKU,
KOLLAM, KERALA, PIN - 691013
4 THE PORT OFFICER
KOLLAM REGION, ASRAMAM, KOLLAM, KERALA, PIN -
691001
5 THE CITY POLICE COMMISSIONER
KOLLAM, POLICE COMMISSIONER'S OFFICE, MUNDAKKAL,
KOLLAM, PIN - 691001
THE STATION HOUSE OFFICER
ANCHALUMMOODU POLICE STATION, PERINADU P.O., KOLLAM
6
WP(C) NO.30688 OF 2023
2
DISTRICT, KERALA, PIN - 691601
BY ADVS.
LATHA SUSAN CHERIAN
ALEXY AUGUSTINE(K/1748/1999)
SRI SUNIL K KURIAKOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.30688 OF 2023
3
JUDGMENT
The petitioner has approached this Court seeking that
respondents 1 to 6 be directed to ensure that Exts.P3 and P6
orders are complied with; and that no unauthorized "Boat
Operators" are allowed to conduct "Boat Service" to the
'Sambaranikodi Island'.
2. Hearing the learned counsel for the petitioner on
19.09.2023 - when this matter was listed earlier - I passed an
interim order to the following effect:
"The petitioner Association, which is stated to be the
owners and staff of Boats and Vessels registered with
the District Tourism Promotion Council, alleges that
various persons are operating such services
unauthorisedly, by even converting fishing boats into
passenger boats, without obtaining any licenses or
clearances; and that an accident, as we saw in the
recent past at Tanur, cannot be ruled out. They say
that, they have brought this serious issue to the notice
of the respondents through Ext.P7, but that no action
has been taken thereon; thus constraining them to
approach this Court.
2. If, what is stated above is true, then certainly it
is a matter that should obtain the urgent attention of
the competent Authority, without any delay. The 3rd
respondent - District Collector, who is also the
Chairperson of the District Disaster Management
Authority, has a definite role to play in this regard, as
WP(C) NO.30688 OF 2023
also respondents 4 and 6 - who are the Port Officer
and the Station House Officer, respectively.
3. I, therefore, direct that the 3rd respondent, with the
assistance of respondents 4 and 6, to conduct an
inspection of the area in question, adverting to Ext.P6,
and file a report before this Court by the next posting
date.
List on 29.09.2023."
3. Today, the learned Government Pleader submits that
Exts.P3 and P6 orders have been fully complied with; and that
no unauthorized operators are being allowed to conduct any
boat service to the island in question.
Recording the afore submissions and adverting to the
report filed by the District Collector dated 10.10.2023, I close
this Writ Petition; however, directing the said Authority to
ensure that sufficient vigil is maintained at all times.
Sd/-DEVAN RAMACHANDRAN,
JUDGE
lsn
WP(C) NO.30688 OF 2023
APPENDIX OF WP(C) 30688/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION
CERTIFICATE BEARING NO. KLM/ TC/
184/2023 DATED 19.04.2023.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE
NATIONAL DISASTER MANAGEMENT GUIDELINES
(BOAT SAFETY), 2017 ISSUED BY THE
NATIONAL DISASTER MANAGEMENT AUTHORITY
OF GOVERNMENT OF INDIA.
Exhibit P3 TRUE COPY OF THE DIRECTION DATED
26/04/2023 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P4 TRUE COPY OF REPRESENTATION DATED
08/05/2023 MADE BEFORE THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
08/05/2023 FILED BEFORE THE 3RD
RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE ORDER OF 3RD
RESPONDENT DATED 30/05/2023.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
05/08/2023 BEFORE 4TH RESPONDENT.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
