IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29201 of 2008(B) -------------------------------------- PETITIONER(S): --------------------- 1. V.A.MICHAEL, AGED 55,S/O.ANTHAPPAN, VADAKKUM MURI, SOUTH CHELLANAM, KOCHI TALUK, ERNAKULAM DISTRICT. 2. CHARLES.V.V., AGED 45, S/O.VINCENT, VACHAKKAL HOUSE, SOUTH CHELLANAM, KOCHI TALUK, ERNAKULAM DISTRICT. 3. VARGHESE.V.V, AGED 55, S/O.VINCENT, VACHAKKAL HOUSE, SOUTH CHELLANAM, KOCHI TALUK, ERNAKULAM DISTRICT. 4. FRANCIS.V.J, AGED 45, S/O.JOSEPH, VALIYAVEETTIL HOUSE, SOUTH CHELLANAM, KOCHI TALUK, ERNAKULAM DISTRICT. 5. AUGUSTINE.V.L., AGED 42, S/O.LONAPPAN, VACHAKKAL HOUSE, SOUTH CHELLANAM, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.JIJO THOMAS SRI.MALLENATHAN.M. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FISHERIES, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD.P.O, ERNAKULAM, KOCHI.30. 3. THE DISTRICT SUPPLY OFFICER, ERNAKULAM, OFFICE OF THE DISTRICT SUPPLY OFFICER, COLLECTORATE, KAKKANAD.P.O, KOCHI.30. W.P.(C). NO. 29201/2008-B 4. THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ZONAL OFFICE, ERNAKULAM. 5. THE KERALA FISHERMEN'S WELFARE FUND BOARD, REPRESENTED BY ITS DIRECTOR, THRISSUR-2. 6. MATSYAFED ERNAKULAM DISTRICT OFFICE, REPRESENTED BY ITS DISTRICT MANAGER, DISTRICT OFFICE, ERNAKULAM, THOPPUMPADY, KOCHI-5. * ADDL. R7 & R8 ARE IMPLEADED ADDL. R7: THE COMMISSIONER OF CIVIL SUPPLIES CORPORATION, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES CORPORATION, THIRUVANANTHAPURAM. ADDL. R8: THE DIRECTOR OF FISHERIES, OFFICE OF THE DIRECTOR OF FISHERIES, THIRUVANANTHAPURAM. *ADDL. R7 AND R8 ARE IMPLEADED AS PER ORDER DATED 23/10/2008 IN I.A.12946/2008. GOVERNMENT PLEADER SRI.P.N.SANTHOSH FOR R1 TO R4, R7 & R8 ADV. SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, ALONG WITH W.P.(C ). NO. 29209 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V. GIRI, J. ------------------------------- WP(C).NOs.29201,29209,29210 & 29211 of 2008 --------------------------------- Dated this the 16th day of October, 2008 JUDGMENT Common issues arise for consideration in these writ petitions. I heard learned counsel for the petitioners Sri.K.C.Eldho, learned Standing Counsel Sri.P.K.Vijayamohanan appearing for Matsyafed and learned Government Pleader Sri.P.N.Santhosh. The issue raised in these writ petitions relates to the claim made by the petitioners who are traditional fishermen for subsidised permit for kerosene to be used as fuel in the country boats. Going by the guidelines fixed in this behalf by the Government and produced along with the statement filed by the Matsyafed,the eligible applications will have to be notified after a joint verification to be conducted by the competent authority of the Directorate of Fisheries and the officials of the Matsyafed. In a verification originally conducted on 6.4.2008 it seems that the petitioners were not able to produce documents and therefore they were not found eligible by the Directorate of Fisheries . But a verification was conducted by the officials of WPC.29201 /2008 & conn, cases. 2 the Matsyafed and they have positively affirmed the eligibility of the petitioner. 2. In my view it is only appropriate that a fresh joint verification be conducted by the competent authority of the Directorate of Fisheries, Commissionerate of Civil Supplies and Matsyafed. In the result, the writ petition is disposed of with the following directions: i) The eligibility of the petitioners shall be verified by the competent officials of the Directorate of Fisheries, Commissionerate of Civil Supplies and a representative of the Matsyafed on a date to be fixed in that behalf by the Director of Fisheries which shall at any rate be within a period of one month from the date of receipt of a copy of this judgment. ii) On notice being received in that behalf by the petitioners, they shall produce the vessels for verification . iii)The recommendation given by the officials of the Matsyafed shall be taken into account at the time of joint inspection. On eligibility being certified by the joint inspection committee, the petitioners shall be entitled to subsidized kerosene for use as fuel. The entire process must be completed WPC.29201 /2008 & conn, cases. 3 within six weeks from the date of receipt of a copy of this judgment. V. GIRI, JUDGE. pmn/