IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 30 of 2008(C) ----------------------- PETITIONER: ---------------- JOY JAMES, KURISSADI KIZHAKKATHIL, MATHILIL P.O., PERINAD, KOLLAM DISTRICT. PIN : 691 601. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ----------------- 1. THE DEPUTY DIRECTOR OF FISHERIES, CIVIL STATION, KOLLAM - 691 013. 2. THE FISHERIES SUB INSPECTOR (BACK WATER) CIVIL STATION, KOLLAM - 691 013. 3. THE INSPECTOR OF FISHERIES, THEVALLI P.O., KOLLAM - 691 009. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.30 OF 2008 ---------------------------------------- Dated this the 26th day of August, 2008 JUDGMENT The petitioner's father had a licence for installing a Chinees Net. The petitioner without obtaining permission, shifted the net to another place after the death of his father. Thereafter, in the name of the petitioner's late father, the petitioner submitted an application signing the application himself. Since the action of the petitioner was illegal, the respondents dismantled the net. The petitioner seeks the following reliefs in the writ petition: “i) to issue a Writ of Certiorari or such other appropriate Writ, order or direction quashing Ext.P11 Order No. 13/07/IF dated 22-12-2007 issued by the 3 rd respondent as it is arbitrary, illegal and void; ii) to issue a Writ of Mandamus or order or direction to the first respondent to make necessary alteration in Ext.P4 permit showing the new location pursuant to the proceedings initiated as per Exts.P1 and P2; iii) to declare that the petitioner's fishing operation in the present location shall not be interfered with by the Respondents only after the Petitioner's request for permission as evidenced by Exts.P1 and P2 is considered in accordance with law”. W.P.(c)No.30/2008 2 However, in view of the averments in the statements filed by the 1st respondent, the petitioner now seeks only a direction to the respondents to return the dismantled Chinees Net to the petitioner. 2. The 1st respondent has filed an additional statement, wherein while justifying the action taken by them, it is stated thus: “If the petitioner is in need of the seized articles he can approach the Deputy Director of Fisheries, Kollam for getting the articles back on payment of the value of the articles estimated by the authorities. If the petitioner is not approaching the authorities seized article will be auctioned after taking out Gazette Notification, as per Rule 31 of Management and Control of Fisheries in Government Waters Rules, 1974. This respondent had seized the net and other articles on the strength of power conferred on him by Rule 29(b) of the above Rules”. In view of the said statement, the petitioner is directed to approach the Deputy Director of Fisheries, Kollam with an appropriate application for return of the seized articles and the Deputy Director of Fisheries shall consider the same and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of the application. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.30/2008 3