IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5223 of 2008(V) ------------------------- PETITIONER: ------------ KERALA SWATHANTRA MATSYA THOZHILALI FEDERATION (KSMTF)(REG.NO.155/1983), THIRUVANANTHAPURAM DIST.COMMITTEE,REP.BY ITS DIST.PRESIDENT P.STELLUS,S/O.PATHROSE AGED 42, TC 34/348 (2) SHALOM BAHVAN,KANNANTHARA, SHANMUGHAM BEACH P.O,THIRUVANANTHAPURAM-7. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.SANDEEP T.GEORGE SRI.LEGAR BAVA RESPONDENTS: ------------- 1. THE STATE OF KEALA REP.BY ITS SECRETARY GENERAL ADMINISTRATION DEPARTMENT,GOVT.SECRETARIAT THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,TRIVANDRUM. 3. DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. MANAGING DIRECTOR,MATSAFED,TRIVANDRUM. 5. DIRECTOR OF FISHERIES,DIRECTORATE, THIRUVANANTHAPURAM. 6. THE RATIONING CONTROLLER, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008 ALONG WITH W.P.(C)NO. 5379/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============================= W.P.(C)NOS.5223 &5379 OF 2008 ============================== DATED THIS THE 15TH DAY OF FEBRUARY 2008 JUDGMENT The challenge in these writ petitions is against the Government order dated 25-1-2008 directing a joint inspection of the outboard engines of fishing boats. 2. It is seen that on the basis of guidelines for joint verification for kerosene permits in fishing sector issued on 28-10-2007, joint inspection is to be conducted and that the fitness of the outboard engines are certified and on that basis kerosene is to be supplied at subsidised rates. It is stated in Ext.P1 dated 28-10-2007 that permit shall not be issued to outboard engines which are more than six years old. 3. According to the petitioners, this process was already completed and now yet another fresh process of joint verification is ordered by the Government by order dated 25-1-2008 and it is in this background, these writ petitions have been filed challenging the fresh joint verification. W.P.C. 5223 & 5379/2008 -2- 4. As already stated, on the basis of the certificate issued after joint verification, a concessional supply of subsidised kerosene is given and, therefore, what is reflected in Ext.P1 is a scheme for concessional supply of kerosene. The government having introduced the said scheme is always at liberty to modify the scheme and it is in pursuance of that right of the Government, they have issued Ext.P4 order wherein the condition in the earlier order that engines more than six years old will not be issued permit has been deleted. It was directed that irrespective of the age of the engine based on its seaworthiness, the outboard engine would be eligible for concessional supply of kerosene. 5. The petitioners contend that Ext.P4 is issued to favour a group of people who own out board engines, which are very old and are not seaworthy. They also pointed out the possibility of the kerosene being black marketed. It may be true that Ext.P4 and the concession extended therein are capable of being misused, but that will not invalidate the scheme of the Government. If it is misused, it is for the authorities to take care of that situation and the petitioners can point out violations W.P.C. 5223 & 5379/2008 -3- for rectifying the situation. However, that cannot restrain the Government from modifying a policy. 6. I also do not think that on account of the fresh joint verification as per Ext.P4 any prejudice is caused to the petitioners. In any case they being the beneficiaries of a concession, are bound to comply with the conditions thereof. If any joint verification is conducted, the beneficiaries are obliged to make their outboard engines for joint verification. I do not find anything illegal in Ext.P4 order. 7. The petitioners pray that the Government should be directed to formulate specific guidelines for the presence of technical experts for implementing that scheme. It may be desirable to have a defect free system by inclusion of technically competent persons to assess the seaworthiness of the outboard engines. That certainly is a matter requiring the attention of the respondents and I leave it them to formulate such a fool proof scheme for their future guidance. The writ petitions are dismissed. ks. ANTONY DOMINIC, JUDGE