Subhash vs State Of Kerala
2024 Latest Caselaw 28182 Ker

Kerala High Court

Subhash vs State Of Kerala on 24 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                          2024:KER:71353

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                       WP(C) NO. 33411 OF 2024

PETITIONER:

          SUBHASH
          AGED 55 YEARS
          S/O BALAKRISHNAN, PANAKKAL HOUSE, BEYPUR, KOZHIKODE,
          PIN - 673015


          BY ADVS.
          SHARAN SHAHIER
          RAKHY BABY
          TREESA SHAJI
          SNEHA JOY
          RHEA SHERRY
          AQEEL MUHAMMED K.H.


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF FISHERIES,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
          695001

    2     DEPUTY DIRECTOR OF FISHERIES,
          FISHERIES STATION, PONNANI, MALAPPURAM, PIN - 679577

    3     SREEJESH K.,
          FISHERIES EXTENSION OFFICER, MARINE ENFORCEMENT WING,
          TANUR BASE, MALAPPURAM, PIN - 679573


          SMT. DEEPA NARAYANAN, SR. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.33411 of 2024                                       2024:KER:71353

                                       2




                                 JUDGMENT

Dated this the 24th day of September, 2024

The challenge in this writ petition is against

Exhibit P1 show cause notice issued by the 2 nd

respondent. By the notice, the petitioner is called

upon to show cause as to why action should not be

taken against him for indulging in pair trawling at

Tanur Base Area.

2. Learned counsel for the petitioner contends

that, even though Exhibit P1 is styled as a show cause

notice, the 2nd respondent will order confiscation of

petitioner's vessel without considering the explanation

offered by the petitioner. It is contended that

confiscation in such manner is not contemplated under

the provisions of the Kerala Marine Fishing Regulation

(KMFR) Act, 1980.

WP(C)No.33411 of 2024 2024:KER:71353

3. According to the learned Government

Pleader, the writ petition filed against Exhibit P1 show

cause notice, should not be entertained.

4. Having heard the learned counsel on either

side, this Court is of the opinion that the petitioner's

remedy is to contest the show cause notice by offering

his explanation. Needless to say that, before finalizing

the proceedings initiated as per Exhibit P1, the 2 nd

respondent is bound to grant an opportunity of hearing

to the petitioner and deal with the contentions urged

by the petitioner, both factual and legal, in the order.

If the proceedings are based on the report envisaged

under Section 16 of the Act, a copy of the report shall

be furnished to the petitioner, if a request in that

regard is submitted.

The writ petition is accordingly disposed of.

Sd/-

V.G.ARUN SSK/24/09 JUDGE WP(C)No.33411 of 2024 2024:KER:71353

APPENDIX OF WP(C) 33411/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED FROM THE OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, 2ND RESPONDENT ON 12/09/2024

Exhibit P2 THE TRUE COPY OF REPLY TO THE SHOW CAUSE NOTICE DATED 20/09/2024

TRUE COPY P.A. TO JUDGE