IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 23578 of 2006(F) -------------------------------------- PETITIONER: ------------------- V.T.XAVIER, AGED 62 YEARS, S/O.LATE THOMMAN, VELASSERY HOUSE, MANJUMMEL.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.C.S.MANU, ADV. SRI.ANOOP JOSEPH. RESPONDENTS: ----------------------- 1. FISHERIES ASSISTANT DIRECTOR, FISHERIES STATION, KANNUR. 2. INSPECTOR, FISHERIES STATION, MUNAMBAM, VYPIN, ERNAKULAM DISTRICT. 3. NAZAR, S/O.ABU BACKER, PUTHENVEETTIL HOUSE, PALLIPORT.P.O., MUNAMBAM, VYPIN, ERNAKULAM DISTRICT. GOVT. PLEADER SRI. MOHAMMED ANZAR R1 & R2, ADV. SRI.MURALI PURUSHOTHAMAN FOR R3, ADV. SRI.P.M.BENZIR FOR R3, ADV. SRI.DEEPU LAL MOHAN FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23578/2006-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 23/02/04 SEND BY THE PETITIONER TO THE FISHERIES DIRECTOR, KANNUR. EXT.P.2: COPY OF THE POSTAL A/D CARD SIGNED BY THE R.1. ON BEHALF OF THE FISHERIES DIRECTOR ON RECEIPT OF EXT.P.1. EXT.P.3: COPY OF THE LETTER DTD. 15/03/2006 SENT BY THE R.1. TO THE PETITIONER. EXT.P.4: COPY OF THE LETTER DTD. 24/03/2006 SENT BY THE PETITIONER TO THE R.1. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE REGISTRATION CERTIFICATE DTD. 28/09/1996 ISSUED TO THE R.3. FROM THE PORT OFFICE, ALLEPPEY. EXT.R3.B: COPY OF THE SCHEDULE SHOWING THE IDENTIFICATION PARTICULARS OF THE FISHING BOAT AND APPENDED TO EXT.R3.A CERTIFICATE. EXT.R3.C: COPY OF THE REVERSE SIDE OF EXT.R3.A EVIDENCING ENDORSEMENTS MADE BY THE PORT OFFICER, ALLEPPEY. EXT.R3.D: COPY OF THE SALE DEED DTD. 08/03/2003 EXECUTED BY THE R.3. IN FAVOUR OF SRI. SURESH BABU AND OTHERS. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.23578 of 2006 ----------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT The writ petition is filed with the following prayers:- i. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P3 and quash Ext.P3 as against the petitioner. ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent Nos.1 and 2 to make necessary changes with regard to transfer of ownership with respect to the boat MFV- Sherly in the relevant records. It is seen that the licence has been renewed in favour of the purchaser as can be seen from Ext.R3(c). Therefore, Ext.P3 is quashed with a direction to effect the necessary changes with regard to transfer of ownership within a period of one month from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.23578 of 2006 ----------------------------------- JUDGMENT 5th September, 2008