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Jayaseelan

High Court Of Kerala|12 December, 2014
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JUDGMENT / ORDER

Writ Petition No.27631/2014 is filed by fishermen, who belong to Tamil Nadu. They are aggrieved by the restriction in landing of boat at harbour. The restriction has been placed for landing the boats of fishermen belonging to outside the State. They are only allowed to land the boat at harbour between 9.00 am to 5.00 pm. They are not allowed in other timings, other than mentioned as above.
2. The Writ Petition No.32111/2014 is filed by other fishermen alleging that there is restriction that carrier vessel shall be accompanied by the mother vessel for landing in harbour. According to them, this restriction is illegal and it is not possible for a carrier vessel to accompany the mother vessel to reach at harbour, at the same time.
W.P.(C) Nos.27631&32111/2014 -2-
3. In view of the various grievances raised by the petitioners, I am of the view that grievances are need to be adverted to by the District Collector. Merely because fishermen in Writ Petition No.27631/2014 are hailing from other State a condition cannot be imposed upon them. Condition, if any fixed, should be equally applicable to all persons. However, if there exists lack of space in the harbour, the regulation shall be made, if so warranted, but that regulation being imposed should be equally applicable to all, without their identity being considered as a person from outside the State.
4. Therefore, the District Collector shall convene a meeting of all the persons including trade unions and elected public representatives and thrash out these issues. However, it is made clear that any regulation shall not be based on the identification of the person from outside or inside the State. The meeting shall be convened within a W.P.(C) Nos.27631&32111/2014 -3-
period of three weeks. The stake holders of the meeting shall be one representative from fishermen from outside the State, one office bearer of each trade union, one among the petitioners in WP(C) No.3211/2014 and local MLA.
These Writ Petitions are disposed of accordingly.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE jjj
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Title

Jayaseelan

Court

High Court Of Kerala

JudgmentDate
12 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • V Jayapradeep Sri Shane
  • Wilfred Morris
  • Sri Abe Rajan