Sulaiman v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 7271 of 2015 (H) --------------------------- PETITIONER :

--------------------- SULAIMAN S/O. USAINAR, CHANTHAKARANTE HOUSE, MUKKADI (PO) PONNANI SOUTH, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENT(S) :

----------------------------

1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMET OF CIVIL SUPPLIES, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695001.

2. THE SECRETSRY, DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695 001.

3. THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD., REPRESENTED BY ITS MANAGING DIRECTOR, MATSYAFED, KAMALESWARAM, MANAKUD (PO) THIRUVANANTHAPURAM, PIN-679 009

4. THE DISTRICT SUPPLY OFFICER, MALAPPURAM, PIN-676 505.

5. THE FISHERIES DEPUTY DIRECTOR, PONNANI, PIN-679 577.

6. THE DISTRICT MANAGER, MATSYAFED, TIRUR, PIN-676 101 R1, R2, R4 & R5 BY GOVT. PLEADER SRI. M. MUHAMMED SHAFI R3 & R6 BY ADV. SRI.GEORGE POONTHOTTAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 7271 of 2015 (H) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1:

THE TRUE COPY OF THE PASSBOOK ISSUED TO THE PETITIONER. EXHIBIT P2:

THE TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS 4 TO 6.

EXHIBIT P3:

THE TRUE COPY OF THE REPRESENTATION DATED 3.3.2015 SUBMITTED BEFORE THE 5TH RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 7271 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 20th day of March, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers :

(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 4 to 6 to consider petitioner's fiber boat and out board engine for kerosene permit without insisting registration certificate and issue kerosene permit. (ii) Issue a writ of mandamus or any other appropriate th respondent writ order or direction commanding the 5 to issue registration certificate to the fiber boat and out board engine of the petitioner within a time frame fixed by this Hon'ble Court.

And (iii) Such other order or direction deems fit and proper for this Hon'ble Court in facts and circumstances of the case.

2. The learned counsel for the petitioner submits that the grievance of the petitioner has already been projected by way of Ext.P3, which is pending consideration before the fifth respondent and

W.P.(C) No. 7271 of 2015 : 2 :

that the petitioner will be satisfied, if a direction is given to the said respondent to consider and pass appropriate orders thereon within a reasonable time.

3. Heard the learned Government Pleader as well.

4. After hearing both the sides and considering the limited extent of relief sought for, this Court does not find it necessary to go into the merits of the case. The Writ Petition is disposed of, directing the fifth respondent to consider and pass appropriate orders on Ext. P3, in accordance with law; after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within six weeks from the date of receipt of a copy of this judgment.

Petitioner shall produce a copy of this judgment along with copy of the writ petition before the fifth respondent for further steps.

The Writ Petition is disposed of.

Sd/ P. R. RAMACHANDRA MENON, (JUDGE) kmd