IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32440 of 2008(J) -------------------------- PETITIONERS: --------------- 1. K.RAVEENDRAN, S/O.KELAN,KOLAVIYAL AYNIKKAL POST, KOZHIKODE. 2. SANTHOSH.C.T., S/O.NANU, CHERIYAN CHALU THARAMMEL AYNIKKAD, KOZHIKODE. BY ADV. SRI.BINDU SREEKUMAR RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. DISTRICT COLLECTOR, KOZHIKODE. 3. DEPUTY DIRECTOR OF FISHERIES, KOZHIKODE 4. INSPECTOR OF GUARD, MARINE ENFORCEMENT AND VIGILANCE, KOZHIKODE. BY GOVERNMENT PLEADER SMT.SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32440 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2008 JUDGMENT Petitioners are aggrieved by Ext.P2 order passed by 2nd respondent, the adjudicating officer under the Kerala Marine Fisheries Regulation Act, 1980, on the alleged conduct of trawling using bottom trawl net during the ban period. By Ext.P2 order, the petitioners are required to pay penalty of Rs.25,000/-. Petitioners have preferred an appeal, Ext.P4, before the 2nd respondent the appellate authority. They are aggrieved by Ext.P5 by which they have been told that their appeal cannot be considered in absence of of pre-deposit as contemplated under Section 18 of the Act. 2. I heard the learned Government Pleader also. In the circumstances I am of the view that condition for pre-deposit would bring undue hardship to the petitioners. 3. Accordingly, the Writ Petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P3 appeal within four months from the date of receipt of a copy of this judgment without insisting on pre-deposit as contemplated under Section 18 of the Act. In other words, the 2nd respondent shall consider the appeal on W.P.C.No. 32440 OF 2008 -:2:- merits and pass orders after hearing the petitioners or their representative. (V. GIRI, JUDGE) ttb