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Mohammed Bava

High Court Of Kerala|31 May, 2014
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JUDGMENT / ORDER

Petitioner has approached this Court seeking for a direction to the 4th respondent to issue a permit for renewing the kerosene permit issued for fishing vessels. The permit is issued under clause 8 of the Kerosene Control Order, 1968. This is based on the recommendation made by the additional 5th respondent and on joint verification by the Civil Supplies Corporation and Matsyafed, the 3rd respondent herein. According to the petitioner, though he had produced engine for which tag has been issued for the verification, still, he was not issued with necessary permit. 3. The 3rd respondent has filed counter affidavit inter alia stating that the petitioner was not given permit since he did not produce the engine and vessel for joint verification. Unless the applicant produces the engine and vessel, it will not be possible to recommend grant of permit since there is every opportunity of misuse of the said permit especially when kerosene is supplied at subsidised rates for the permit holders.
4. According to the petitioner, he was carrying on fishing activities and he is having valid registration for his vessel and he has got 9.9 HP engine which was also W.P(C) No. 26316 of 2013 -: 2 :-
purchased from the 3rd respondent. The learned counsel for the petitioner also relied upon a judgment of this Court in W.P(C) No. 6837/2014 by which an opportunity was given to certain other fishermen to approach the additional 5th respondent for re- consideration of their application.
5. Under these circumstances, I am of the view that one more opportunity has to be given to the petitioner for seeking renewal of the permit and accordingly, this writ petition is disposed of as under:
The petitioner shall submit an application to the additional 5th respondent with necessary particulars/documents, who shall conduct an enquiry as per the procedure prescribed with the assistance of other respondents and pass appropriate orders within one month from the date of receipt of a copy of this judgment.
Sd/- A.M. Shaffique, Judge.
Tds/
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Title

Mohammed Bava

Court

High Court Of Kerala

JudgmentDate
31 May, 2014
Judges
  • A M Shaffique
Advocates
  • K P Sudheer Sri Arun
  • Mathew Vadakkan