Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 WP(C).No. 29866 of 2012 (G) ----------------------------------- PETITIONER(S): ---------------------- 1. RAJEEVAN, AGED 5 YEARS, S/O.MADHUSOODANAN, THURAYIL PUTHEN VEEDU, AZHEEKAL P.O., KARUNAGAPALLY, KOLLAM DISTRICT. BY ADVS.SRI.M.R.SASITH PANICKER SRI.JOSEPH RONY JOSE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HARBOUR ENGINEERING, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. RATNA KUMAR TAIKOOTTIL HOUSE CHERIYA AZHEEKAL P.O., KARUNAGAPALLY, KOLLAM DISTRICT HARBOUR ENGINEERING DEPARTMENT, THIRUVANANTHAPURAM-695 001.
3. RESMI RATNAKUMAR TAIKOOTTIL HOUSE CHERIYA AZHEEKAL P.O., KARUNAGAPALLY, KOLLAM DISTRICT-690 518.
4. COASTAL REGULATORY ZONE MANAGEMENT, REPRESENTED BY ITS DIRECTOR, SASTHRA BHAVAN, PATTOM THIRUVANANTHAPURAM-695 004.
5. THE DIRECTOR, FISHERIES DEPARTMENT, THIRUVANANTHAPURAM-695 001.
6. THE FISHERIES INSPECTOR FISHERIES DEPARTMENT, KOLLAM-691 001. BY SENIOR GOVERNMENT PLEADER SRI.GEORGE MECHERIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MJL WP(C).No. 29866 of 2012 (G) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: PHOTOGRAPHS OF THE AREA WHERE THE CHINA NETS WAS EARLIER AFFIXED AND PUMP. EXHIBIT P2: THE PHOTOSTAT COPY OF RECEIPT ISSUED BY THE INSPECTOR OF FISHERIES KOLLAM EXHIBIT P3: PHOTOSTAT COPY OF REPRESENTATION BEFORE DICECTOR OF FISHERIES TRIVANDRUM RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P A TO JUDGE MJL P.R. RAMACHANDRA MENON, J.
--------------------------------------- W.P.(C). No. 29866 of 2012 ---------------------------------------- Dated this the 30th day of January, 2013 JUDGMENT The petitioner has approached this Court with the following prayers: "i) Issue a writ of mandamus or other appropriate writ or direction commanding respondents to re-fix the China Net. ii) Issue a writ of mandamus or other appropriate writ or direction commanding respondents to permit petitioners to continue occupation by fishing. iii) Issue a writ of mandamus or other appropriate writ or direction commanding 5th respondent to consider Ext.P3 representation submitted by the petitioner." 2. The learned counsel for the petitioner submits that the grievance projected in this writ petition has also been highlighted by way of Ext.P3 which is pending consideration before the 5th respondent. It is also stated that, the petitioner will be satisfied if a direction is given to the 5th respondent to have it considered and disposed of within a reasonable time. W.P.C. No. 29866 of 2012 -2- 3. Heard the learned Government Pleader as well.
4. Considering the limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the 5th respondent to consider Ext.P3 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 5th respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. Kp/-