IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 21639 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------- T.K.RAJAN, S/O.KESAVAN, AGED 67, THAYATTUPARAMBIL, NAYARAMBALAM P.O., ERNAKULAM, PIN-682 509. BY ADV. SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETRIAT, THIRUVANANTHAPURAM-PIN-695 001. 2. THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM-PIN-695 001. 3. THE DISTRICT COLLECTOR, COLLECTORATE,ERNAKULAM,PIN-682 030. 4. DEPUTY DIRECTOR OF FISHERIES, NEAR HIGH COURT, ERNAKUAM,PIN-682 018. BY SR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011,ALONG WITH WPC NO. 21650 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.21639/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTIFICATION SRO NO.850/94 DATED 18/6/94 BY THE GOVT. OF KERALA. P2 COPY OF THE ORDER DATED 5/7/94 IN CMP NO.15257/94 IN OP NO.8337/92 OF THIS HON'BLE COURT. P3 COPY OF THE MAHAZAR DATED 8/7/94 BY THE ASST.DIRECTOR OF FISHERIES. P4 COPY OF THE ORDER DATED 14/7/94 IN CMP NO.16636/94 IN OP NO.8337/92 OF THIS HON'BLE COURT. P5 COPY OF THE CERTIFICATE DATED 18/7/94 BY THE DY. DIRECTOR OF FISHERIES (ZONAL) ERNAKULAM ISSUED AS PER ORDER IN CMP NO.15257/94 IN OP NO.8337/92 OF THIS HON'BLE COURT. P6 COPY OF THE ORDER DATED 27/7/94 IN CMP NO.17645/94 IN CMP 16636/94 IN OP NO.8337/92 P OF THIS HON'BLE COURT. P7 COPY OF THE ORDER NO.OM 1/94-95 DATED 24/5/1995 BY THE DY. DIRECTOR OF FISHERIES (ZONAL) ERNAKULAM. P8 COPY OF THE MEMORANDUM OF APPEAL BY THE PETITIONER BEFORE DISTRICT COLLECTOR, ERNAKULAM DATED 19/10/95. P9 COPY OF THE ORDER/PROCEEDINGS NO.41121/95 DATED 15/11/2001 BY DIST. COLLECTOR, ERNAKULAM. P10 COPY OF THE REPRESENTATION DATED 22/1/02 BY THE PETITIONER TO THE DISTRICT COLLECTOR. P11 COPY OF THE ORDER BI-3838/98 DATED 2/7/2011 BY THE FISHERIES DY. DIRECTOR (ZONAL) ERNAKULAM. P12 COPY OF THE COVERING LETTER NO.MI 38797/11 DATED 20/7/11 TO THE PETITIONER BY THE PUBLIC RELATIONS OFFICER & JUNIOR SUPERINTENDENT (M), COLLECTORATE, ERNAKULAM. P13 COPY OF THE ORDER NO.MI 41121/95 DATED 24/9/2009 BY DISTRICT COLLECTOR, ERNAKULAM TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ sts P.A.TO.JUDGE ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) Nos.21639 & 21650 of 2011 ``````````````````````````````````````````````````````````` Dated this the 20th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Ext.P13 order passed by the District Collector in an appeal filed under Section 18 of the Kerala Marine Fishing Regulation Act, 1980 is the order which is challenged in these writ petitions. These orders show that the last hearing of the appeals was on 19.12.2007. But, however, the orders were passed only on 24.09.2009. 2. When these writ petitions came up for hearing, having regard to the fact that the orders are dated 24.09.2009 and the writ petitions were filed only in August, 2011, and as it was contended by the petitioners that the orders were communicated to them only in July, 2011, this Court directed the learned Government Pleader to verify the correctness of the said submission. Accordingly, instructions were obtained by the learned Government Pleader and it is submitted that the orders were despatched W.P.(C) No.21639&21650/2011 : 2 : only on 20.07.2011. 3. Thus, it is obvious that the orders were passed more than two years after hearing the petitioners. Moreover, the orders were communicated almost two years after the orders were passed. Therefore, I quash Ext.P13 orders passed by the third respondent. The third respondent is directed to reconsider Ext.P8 appeals filed by the petitioners with notice to them and pass fresh orders in the matter. Writ petitions are disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/20/09 // True Copy // P.A. To Judge