IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 21950 of 2009(K) -------------------------- PETITIONER: --------------- MANASSERRY FISHERMEN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD.NO.DF(E) 96/92, KOCHI-682507,REP.BY ITS PRESIDENT,A.C.CLARANCE, S/O.CLEMENT,ATHIPOZHI VEETIL,MANASSERRY, MUNDAMVELIL. BY ADV. SRI.K.L.JOSEPH SMT.P.SAREENA GEORGE RESPONDENTS: --------------- 1. THE DEPUTY CONSERVATOR, OFFICE OF THE DEPUTY CONSERVATOR, COCHIN PORT TRUST,COCHIN-682009. 2. COCHIN PORT TRUST, WILLINGTON ISLAND,COCHIN. 3. P.A.MARTIN,S/O.P.C.ANTHAPPAN, POLLAYIL HOUSE,SAUDI,KOCHI-7. BY SC SRI.K.ANAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.21950 of 2009 -------------------------- Dated this the 11th August,2009 J U D G M E M T Petitioner is a registered organisation of fishermen who own country boats and fishing nets. According to the petitioner, the members of the petitioner Association requires a place touching the Vembanad Kayal for repairing the country boats and for other ancillary purpose. They have been using an extent of 8 cents of Government land comprised in Sy.No.515 of Rameswaram village for the last 25 years. While so, Ext.P3 order has been issued by the 1st respondent requiring the 3rd respondent to demolish the jetty which is being used by the petitioner Society. This is challenged in the writ petition. 2. Learned standing counsel for the Port Trust submits that the 3rd respondent has been recognized as a licensee by the Port Trust and this was consequent upon a Civil Decree passed at the instance of the 3rd respondent who has put up illegal construction and accordingly notice has been issued to the 3rd respondent. Since the W.P ( C) No.21950 of 2009 2 occupation is of public premises, further proceedings will be taken under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. In the circumstances, the 1st respondent shall issue notice to the petitioner as also the 3rd respondent , under the Public Premises (Eviction of Unauthorised Occupants) Act, and the 1st respondent shall proceed to hear the petitioner, the 3rd respondent and pass final orders, in accordance with law. Demolition of the jetty will be effected only in the course of implementing an order under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.21950 of 2009 3 W.P ( C) No.21950 of 2009 4