Harilal M.T vs The Kerala Maritime Board
2023 Latest Caselaw 10371 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                      WP(C) NO. 26266 OF 2022
PETITIONER:

            HARILAL M.T.,
            AGED 53 YEARS
            S/O. THANKAPPAN,. HARISREE, KATTAMANGALAM (P.O),
            KAINAKARI, ALAPPUZHA DISTRICT, PIN-688501.
            BY ADV NIREESH MATHEW


RESPONDENTS:

    1       THE KERALA MARITIME BOARD,
            BEACH ROAD, BAZAR (P.O), ALAPPUZHA, PIN-688 012,
            REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
    2       THE PORT OFFICER & REGISTERING AUTHORITY,
            THE KERALA MARITIME BOARD, BEACH ROAD, BAZAR (P.O),
            ALAPPUZHA, PIN-688 012.
            BY ADV K.P.SUDHEER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   30.09.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 26266 OF 2023

                                      2


                            JUDGMENT

When this matter was called today, the learned counsel

for the petitioner - Sri. Nireesh Mathew, submitted that,

pending this lis, all statutory clearances with respect to his

client's House Boat, have been obtained; and that, therefore,

it is now for the 1 st respondent - Kerala Maritime Board, to

issue orders renewing their Certificate of Registration. He,

therefore, prayed that they be directed to do so, within a time

frame to be fixed by this Court.

2. Sri. K.P.Sudheer - learned Standing Counsel for the

1st respondent - Board, submitted that if the petitioner has

obtained all statutory clearance and documentation, his client

is willing to consider the application for renewal of

registration; but prayed that this Court may not make any

affirmative declarations in his favour. He added that he is

making this request because, while considering the renewal of

registration of the petitioner's Boat, the territorial limits,

within which the operation of the said Boat can be allowed, is

also one to be kept in mind.

3. Adverting to the afore submissions, I direct the

Competent Authority of the 1st Respondent to hear the WP(C) NO. 26266 OF 2023

petitioner and take a decision on his application for renewal of

registration of his House Boat adhering to all imperative and

necessary statutory and other legal requirements; thus

culminating in an appropriate order and necessary action, as

expeditiously as is possible but not later than one month from

the date of receipt of a copy of this judgment.

This Writ Petition is thus ordered.

Sd/-DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO. 26266 OF 2023

APPENDIX OF WP(C) 26266/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SURVEY & CLEARANCE CERTIFICATE DATED 09.01.2015.

Exhibit P2 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 10.10.2019. Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 07.02.2022.

Exhibit P4 TRUE COPY OF THE TRIM AND STABILITY BOOKLET SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE RECOMMENDATION LETTER DATED 14.06.2022 ALONG WITH THE RECEIPT.

Exhibit P6 TRUE COPY OF THE RECEIPT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 16.06.2022.

Exhibit P7 TRUE COPY OF THE INSURANCE BOOKLET ISSUED TO THE HOUSE BOAT OF THE PETITIONER.

Exhibit P8 TRUE COPY OF THE CERTIFICATE OF GUARANTEE DATED 20.03.2022.

Exhibit P9 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 20.07.2022. Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 13.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN