Prakkulam Sreekumaramamgalam ... vs State Of Kerala
2023 Latest Caselaw 11757 Ker

             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. 33082 OF 2023
PETITIONER:

           PRAKKULAM SREEKUMARAMAMGALAM MAHAKSHETRAYOGAM
           REG. NO. 1872, PRAKKULAM P.O, KOLLAM - 691602
           REPRESENTED BY ITS SECRETARY SIJU ARAVIND,
           S/O.ARAVINDAKSHAN, SREEVILASAM, PRAKKULAM,
           THRIKARUVA, KOLLAM -, PIN - 691602
             BY ADVS.
             PRATHEESH.P
             ANJANA KANNATH


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY SECRETARY 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, KOLLAM, PIN - 691013
     4       THE PORT OFFICER
             KOLLAM REGION, ASRAMAM, KOLLAM, PIN - 691001
             BY ADVS.
             LATHA SUSAN CHERIAN
             ALEXY AUGUSTINE(K/1748/1999)



      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.33082 OF 2023

                                   2


                          JUDGMENT

The petitioner impugns Ext.P6 proceedings of the District

Collector, whereby, their request for conducting "Boat Service"

to 'Sambranikody Island', has been rejected on the ground that

they do not have necessary licence.

2. Smt.Anjana Kannath - learned counsel for the

petitioner, conceded that, at the time when Ext.P6 was issued,

her client has not produced any document before the District

Collector to establish that they had valid licences. She,

therefore, prayed for a second opportunity to do so.

3. Sri.Sunil Kumar Kuriakose - learned Government

Pleader, in response, submitted that if the petitioner is able to

establish before the District Collector that they have all valid

licences and clearances to operate the "Boat Service", Ext.P6

can be reconsidered.

Taking note of the afore submissions, I allow this Writ

Petition, granting liberty to the petitioner to approach the

learned District Collector with all their licences and clearances;

and if this is done within a period of one week from the date of

receipt of a copy of this judgment, said Authority will consider

the same, adverting to Ext.P7 representation and after WP(C) NO.33082 OF 2023

affording them an opportunity of being heard; thus culminating

in an appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than two weeks

thereafter.

Sd/-DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO.33082 OF 2023

APPENDIX OF WP(C) 33082/2023

PETITIONER EXHIBITS Exhibit P1 THE COPY OF REGISTRATION CERTIFICATE NO.KLM/TC/223/2022 DATED 27.6.2022 ISSUED BY THE CO-OPERATIVE REGISTRAR Exhibit P2 THE COPY OF THE CERTIFICATE NO.MC1-

13236/2022 DATED 27.10.2022 ISSUED BY THE CO-ORDINATOR, TOURISM MISSION UNDER THE 1ST RESPONDENT Exhibit P3 THE COPY OF THE DECISION TAKEN BY THE MLA, KOLLAM DATED 16.12.2022 Exhibit P4 THE COPY OF THE PRESS RELEASE ISSUED BY THE 2ND RESPONDENT IN KERALA KAUMUDY DAILY DATED 4.9.2023 Exhibit P5 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.9.2023 Exhibit P6 THE COPY OF THE TEMPORARY INJUNCTION ORDER PASSED BY THE 3RD RESPONDENT DATED 25.9.2023 Exhibit P7 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 3.10.2023 Exhibit P8 THE COPY OF THE LIST OF DOCUMENTS TO APPLY FOR SRANK LICENSE ISSUED BY THE 4TH RESPONDENT

RESPONDENTS EXHIBITS: NIL TRUE COPY

P.A TO JUDGE LSN