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T.K. NARAYANAN, S/O. KRISHNAN versus DIRECTOR OF FISHERIES, TRIVANDRUM

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T.K. NARAYANAN, S/O. KRISHNAN v. DIRECTOR OF FISHERIES, TRIVANDRUM - WP(C) No. 14928 of 2004(B) [2007] RD-KL 6781 (30 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 14928 of 2004(B)

1. T.K. NARAYANAN, S/O. KRISHNAN,
... Petitioner

Vs

1. DIRECTOR OF FISHERIES, TRIVANDRUM.
... Respondent

2. DEPUTY DIRECTOR OF FISHERIES,

3. SUB INSPECTOR OF FISHERIES,

4. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :30/03/2007

O R D E R

KURIAN JOSEPH, J.


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W.P.(C)NO.14928 OF 2004
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Dated this the 30th day of March 2007



JUDGMENT

Writ petition is filed mainly with the following prayers:

i) to issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P7 order. ii)To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to permit the petitioner to transfer the licence to Ernakulam district. iii)Award the cost of these proceedings to the petitioners and iv)grant such other and further reliefs as this Hon'ble Court may deem fit, and proper in the facts and circumstances of the case.

2. Petitioner is essentially aggrieved by Ext.P7 order passed by the Director of Fisheries. The contention of the petitioner is that it was not a question of obtaining licence on application but it is a question of transfer of the right in the family partition and hence there is no impediment for the petitioner in enjoying the benefit of licence thus transferred in W.P.(C)NO.14928 OF 2004 2 the family partition. This crucial aspect is not considered in Ext.P7. This writ petition is hence disposed of as follows: I quash Ext.P7 with a direction to the first respondent to consider the issue afresh with notice to the petitioner and pass appropriate orders thereon in accordance with law.

KURIAN JOSEPH, JUDGE

jes


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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