Shaji P B vs The District Collector
2024 Latest Caselaw 11145 Ker

Kerala High Court

Shaji P B vs The District Collector on 16 April, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
                       WP(C) NO. 15138 OF 2024


PETITIONER :-

               SHAJI P B,, AGED 54 YEARS
               S/O P V BALAN, PAZHAMPILLYSSERRY
               HOUSE,THEKKETHURATHU,MOOTHAKUNNAM,
               GOTHURUTHU, ERNAKULAM,, PIN - 683516

               BY ADVS.
               V.PREMCHAND
               HALIYA T.P.
               MAHADEV M.J.


RESPONDENT :-

    1          THE DISTRICT COLLECTOR,
               CIVIL STATION, KANNUR DISTRICT, PIN - 670001

    2          THE DEPUTY DIRECTOR OF FISHERIES (ADJUDICATING
               OFFICER),
               MAPPILLA BAY, AYYIKKARA
               KANNUR DISTRICT, PIN - 670017


               GP SRI V VENUGOPAL


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   16.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15138 of 2024

                               ..2..




               SHOBA ANNAMMA EAPEN, J.
             -----------------------------------------
                  WP.(C) No. 15138 of 2024
              ----------------------------------------
            Dated this the 16th day of April, 2024


                         JUDGMENT

This writ petition has been filed by the petitioner

aggrieved by the non consideration of the request for

release of the fishing boat by the 1st respondent. In

Ext.P2 judgment, this Court had directed the authority

concerned to consider the release of the boat forthwith,

without any avoidable delay, as far as practically

possible.

2. The grievance of the petitioner is that so far

the 1st respondent has not considered the release of the

fishing boat.

3. Heard the learned counsel for the petitioner

..3..

and the learned Government Pleader.

4. The learned Government Pleader submits that

due to the forthcoming election, the authority concerned is

not in a position to consider the appeal and directions may

be given by this Court to consider the release of the fishing

boat on terms.

Accordingly, the writ petition is disposed of, pending

appeal the 1st respondent is directed to consider the request

of the petitioner for release of the fishing boat, on terms,

within a period of two weeks from today.

Sd/-

SHOBA ANNAMMA EAPEN,

JUDGE SMA

..4..

APPENDIX OF WP(C) 15138/2024

PETITIONER EXHIBITS :-

Exhibit-P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 12.11.2013 ISSUED UNDER THE MERCHANT SHIPPING (REGISTRATION OF INDIAN FISHING BOATS) AMENDMENT RULES, 1988

Exhibit-P2 A TRUE COPY OF THE JUDGMENT DATED 19.03.2024 IN WP(C) NO 11181/2024 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM

Exhibit-P3 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 22.03.2024 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit-P4 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT IN EVIDENCE DATED 23.03.2024 ISSUED FROM THE COLLECTORATE KANNUR

Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 01.12.2023 IN WP© NO 39584/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM