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2024 Supreme(Online)(KER) 18712

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 987 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 28.05.2018 IN WP(C) NO.30322 OF

2010 OF HIGH COURT OF KERALA APPELLANTS:-[RESPONDENTS 1,2,& 4 IN THE WP(C)]

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2 THE SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3 THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM.

SRI. MOHAMMED RAFEEQ – SPECIAL GOVERNMENT PLEADER(TAXES)

SRI. ARUN AJAY SHANKAR - SENIOR GOVERNMENT PLEADER RESPONDENTS:-[PETITIONER & 3rd RESPONDENT IN THE WP(C)]

1 SEAFOOD EXPORTERS ASSOCIATION OF INDIA (KERALA REGION), SEAFOOD HOUSE, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS PRESIDENT MR. K.G.LAWRANCE. 2 THE KERALA FISHERMAN WELFARE FUND BOARD, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM.

BY ADVS.

SRI.ASOK M.CHARIYAN, SC, KFWFB Joe J Uruvath SABIR N.S.(K/1554/2020)

PREMJIT NAGENDRAN ERNAKULAM

14.02.2024, ALONG WITH WA.944/2019 AND CONNECTED CASES, PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 944 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 19.09.2018 IN WP(C)

NO.22915 OF 2010 OF HIGH COURT OF KERALA APPELLANTS:-[RESPONDENTS 1,2,4&5 IN THE W.P(C)]

1 STATE OF KERALA, REPRESENTED BY SECRETARY, LABOUR AND WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM

2 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM

3 THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM

4 THE ASSESSING OFFICER AND DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA.

SRI. MUHAMMED RAFEEQ – SPECIAL GOVERNMENT PLEADER RESPONDENTS:-[PETITIONER AND 3rd RESPONDENT IN THE W.P.(C)]

1 COCHIN FROZEN FOOD EXPORTS PVT.LTD, AROOKUTTY FERRY ROAD, AROOR P.O., ALAPPUZHA DISTRICT-688534, REPRESENTED BY ITS MANAGING DIRECTOR, K PRABHAKARAN.

2 THE KERALA FISHERMEN'S WELFARE FUND BOARD, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM-695001.

BY ADVS.

Joe J Uruvath SABIR N.S.(K/1554/2020)

14.02.2024, ALONG WITH WA.987/2019, 955/2019 AND CONNECTED PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 955 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 28.05.2018 IN WP(C)

NO.31974 OF 2010 OF HIGH COURT OF KERALA APPELLANTS:[RESPONDENTS 1,2,4&5 IN THE W.P.(C)]

1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LABOUR AND WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.

2 THE SECRETARY, FISHERIES DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.

3 THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695001.

4 THE ASSESSING AUTHORITY AND DEPUTY DIRECTOR OF FISHERIES, O/o THE DIRECTOR OF FISHERIES, KOLLAM,PIN-691001.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENTS:[PETITIONERS AND 3RD RESPONDENT IN THE W.P.(C)]

1 MANGALA MARINE EXIM INDIA (P) LTD.

CCXVI/368, BHAT MEMORIAL BUILDING, THOPPUMPADY, COCHIN-682005, REP. BY ITS DIRECTOR, MR.M.R.ASHOK BHAT.

2 KINGS MARINE PRODUCTS, ULIYAKOVIL,KOLLAM-9, REP BY ITS CHIEF EXECUTIVE,MR.MANOJ.T.VARGHESE.

3 THE KERALA FISHERMAN WELFARE FUND BOARD, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM,PIN-691001.

BY ADVS.

SRI.PREMJIT NAGENDRAN SRI.ASOK M.CHARIYAN, SC, KFWFB JOE J URUVATH, SC, KERALA FISHERMEN WELFARE BOARD PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1048 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 03.07.2018 IN WP(C) NO.3773 OF

2012 OF HIGH COURT OF KERALA.

APPELLANTS:[1ST RESPONDENT & ADDL. R.3 IN THE W.P.(C)]

1 THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, AZHEEKODE P.O., THRISSUR, PIN-680 673. 2 THE DISTRICT COLLECTOR CIVIL STATION, THRISSUR.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENTS:[ PETITIONER & ADDL. R2 IN THE W.P.(C)]

1 SAFA ENTERPRISES BUILDING NO.450A, LIGHT HOUSE JUNCTION, AZHEEKODE, THRISSUR-680 673, REPRESENTED BY ITS MANAGING PARTNER, MR.ABDUL JALEEL.

2 THE KERALA FISHERMEN'S WELFARE FUND BOARD REPRESENTED BY ITS COMMISSIONER, THRISSUR-02.

BY ADVS.

Joe J Uruvath SABIR N.S.(K/1554/2020)

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1441 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.24596 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691 013.

SRI.MPHAMMED RAFEEQ – SPL. GP RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S SAN MARINE EXPORTS SAKTHIKULANGARA, KOLLAM-691 581, REPRESENTED BY ITS PARTNER, MR. SOLOMON ANTONY.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1445 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.22006 OF 2012 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691 002.

SRI. MOHAMMED RAFEEQ- SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S CAPITHAN EXPORTING COMPANY PORT ROAD, SAKTHIKULANGARA, KOLLAM-691581, REPRESENTED BY ITS GENERAL MANAGER S.ALWYN.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1452 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.22055 OF 2012 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691582.

SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S.KING FISHERIES (P) LIMITED NEENDAKARA P.O, KOLLAM-691582, REPRESENTED BY ITS AUTHORISED SIGNATORY MR.TERENCE STANLEY.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1456 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.22054 OF 2012 OF HIGH COURT OF KERALA APPELLANT:[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691 582 BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:[ PETITIONER IN THE W.P.(C)]

M/s. POYILKADA FISHERIES (P)LTD.

P.B. NO. 41, PARAMESWAR NAGAR, KOLLAM-691 001, REPRESENTED BY ITS MANAGER, MR. REGI ASOK.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1457 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.22035 OF 2012 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691582.

SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S INDIAN AQUATIC PRODUCTS SAKTHIKULANGARA,KOLLAM-691581, REPRESENTED BY ITS MANAGING PARTNE,MR.PHILOMENE ANTONY.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1464 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.17885 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR.SALIM ALI ROAD, COCHIN-682018.

BY SRI.MOHAMMED RAFEEQ- SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

AQUA SEA FOOD (INDIA) PVT. LTD., 22/1177, N.H.47, EDAKOCHI, NEAR EDAKOCHI-AROOR BRIDGE, COCHIN-682006, REPRESENTED BY ITS MANAGING DIRECTOR ABDUL ZIYAD.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1482 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.24592 OF 2015 OF HIGH COURT OF KERALA APPELLANT:[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER AND DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM - 691013.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:[PETITIONER IN THE W.P.(C)]

M/s.BABY MARINE (EASTERN) EXPORTS KALLUVILA, THANKASSERY, KOLLAM, PIN- 691007, REPRESENTED BY ITS GENERAL MANAGER JOHN GEORGE BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1495 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.27939 OF 2012 OF HIGH COURT OF KERALA APPELLANT:[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691 582.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:PETITIONER IN THE W.P.(C)]

M/S. SAN MARINE EXPORTS SAKTHIKULANGARA, KOLLAM-691 581 REPRESENTED BY ITS MANAGING PARTNER MR. SOLOMON ANTONY.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1497 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.22005 OF 2012 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM -691 001 SRI. MOHAMMED RAFEEQ – SPECIAL GOVERNMENT PLEADER RESPONDENT:- (PETITIONER IN THE W.P.(C))

M/S. BABY MARINE EXPORTS KALLUVILA, THANGASSETRI, KOLLAM, REPRESENTED BY ITS MANAGING PARTNER, MR.K.C.BABU, PIN-691 007 BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1514 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.15537 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR. SALIM ALI ROAD, COCHIN - 682 018 BY SRI. MOHAMMED RAFEEQ – SPECIAL GOVERNMENT PLEADER RESPONDENTS:- (PETITIONERS IN THE W.P.(C))

1 MANAGALA MARINE EXIM INDIA (P) LTD.

BHAT MEMORIAL BUILDING, THOPPUMPADY, KOCHI - 682 005, REPRESENTED BY DIRECTOR, MR. PREMACHANDRA BHAT.

2 SAMARAT MIDDLE EAST EXPORTS (P) LTD.

18/75, PARRY JUNCTION, THOPPUMPADY, KOCHI - 682 005, REPRESENTED BY ITS DIRECTOR, RAJU N.V.

3 A.S. MARINE INDUSTRIES (P) LTD., CC 18/263, NADAKKAVU ROAD, KOCHI - 682 006, REPRESENTED BY ITS MANAGING DIRECTOR, K.E.

SULAIMAN

4 CAP SEAFOODS PVT. LTD., 1/17, VYPEEN ISLANDS, AZHEEKKAL P.O., VYPEEN - 682 510, REPRESENTD BY ITS DIRECTOR, SHAKKEEL MOHAMMED IQBAL

5 GEO SEAFOODS, PALLICHAL ROAD, PALLURUTHY, COCHIN - 682 006, REPRESENTED BY ITS MANAGING PARTNER, K.G.

LAWRENCE

6 SAFERA FOODS INTERNATIONAL, IX/477, KANNAMALY P.O., COCHIN - 6820 08, REPRESENTED BY ITS MANAGING PARTNER, FEMINA V.S.

7 EMERALD EXPORTS AND IMPORTS, EMERALD HOUSE, DOOR NO. CC XIII/1380, S.P. PURAM ROAD, PALLURUTHY, P.O., COCHIN - 682 006, REPRESENTED BY ITS PARTNER CHAKOCHAN P.C.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1520 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.25445 OF 2012 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ERNAKULAM-682 031 BY SRI. MUHAMMED RAFEEQ–SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S.ABAD FISHERIES (P) LTD.

ABAD BUILDINGS, JEW TOWN ROAD, COCHIN-682002, REPRESENTED BY ITS MANAGING DIRECTOR MR.ANWAR HASHIM BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1522 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.25443 OF 2012 OF HIGH COURT OF KERALA APPELLANT:-(RESPONDENT IN THE W.P.C)

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ERNAKULAM 682 031.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT/PETITIONER IN THE W.P.C:

M/S.BABY MARINE INTERNATIONAL, THOPPUMPADY, COCHIN 682 005, REPRESENTED BY ITS MANAGING PARTNER, MR. ALEX.K. NINAN.

BY ADV SRI.PREMJIT NAGENDRAN FOLLOWING:

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1545 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.21968 OF 2012 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691001.

BY SRI. MOHAMMED RAQFEEQ- SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S.KINGS MARINE PRODUCTS ULIYAKOVIL, KOLLAM, REPRESENTED BY ITS CHIEF EXECUTIVE, MR.MANOJ T.VARGHESE, PIN-691019.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1546 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.16391 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR.SALIM ALI ROAD, COCHIN-682018.

BY ADV SRI.MOHAMMED RAFEEQ- SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

LOURDE EXPORTS, DOOR NO.2659 J, 1ST FLOOR, VIDYA NAGAR MAIN ROAD, VIDYA NAGAR, COCHIN-682020, REPRESENTED BY ITS MANAGER GEO JACOB.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1550 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04/07/2018 IN WP(C)

NO.17891 OF 2015 OF HIGH COURT OF KERALA APPELLANTS:-[RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR. SALIM ALI ROAD, COCHIN- 682 018 BY SPECIAL GOVERNMENT PLEADER SRI.MOHAMMED RAFEEQ RESPONDENTS:(PETITIONERS IN THE W.P.(C))

1 S.H.MARINE EXIM

22/1369, EDACOCHIN, COCHIN-682 006, REPRESENTED BY ITS PARTNER SHIRAJ V.H.

2 PARAMOUNT SEAFOODS, XVI/1373 E, MEHRAB BUILDING, PATEL MARKET ROAD, COCHIN-682 005, REPRESENTED BY ITS PARTNER SHIRAJ V.H.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1551 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.15875 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- [RESPONDENTS IN THE W.P.(C)]

THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR. SALIM ALI ROAD, COCHIN-682018.

BY SRI.MOHAMMED RAFEEQ- SPECIAL GOVERNMENT PLEADER RESPONDENT:- [PETITIONER IN THE W.P.(C)]

PREMIER SEAFOODS EXIM (P) LTD EP X/289, ERAMALEELOOR, ALLEPPY DISTRICT-688527, REPRESENTED BY ITS DIRECTOR, AHMED AHZAR.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1578 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.16917 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-(RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR. SALIM ALI ROAD, COCHIN-682 018 BY SPECIAL GOVERNMENT PLEADER SRI.MOHAMMED RAFEEQ RESPONDENT:-(PETITIONER IN THE W.P.(C))

COCHIN COSMOS FOODS LTD.

18/47 BABY MARINE COMPOUND, THOPPUMPADY, COCHIN- 682 005, REPRESENTED BY ITS DIRECTOR ALEX NINAN.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1665 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.18887 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- [RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR.SALIM ALI ROAD, COCHIN-682018.

BY SRI. MOHAMMED RAFEEQ- SPECIAL GOVERNMENT PLEADER RESPONDENTS:- [PETITIONERS IN THE W.P.(C)]

1 INDOFRENCH SHELLFISH COMPANY (P) LTD., 12/1008 B, 'VIGNESH', ANDI ACHARI ROAD, COCHIN-682002, REPRESENTED BY ITS MANAGING DIRECTOR, K.MADHUKUMAR.

2 K.MADHUKUMAR, PROPRIETOR, VIGNESH FOODS, ANDI ACHARI ROAD, COCHIN-682002 BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1749 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26949 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE WP(C)]

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA - 688 001.

SPECIAL GOVT. PLEADER MUHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE WP(C)]

M/S.DOLPHIN WIRES (P) LTD.

AP II/722, INDUSTRIAL ESTATE, AROOR-688 534, REPRESENTED BY ITS MANAGING DIRECTOR K.A.JABIR BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1750 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26943 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA - 688 001.

BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:-(PETITIONER IN THE W.P.(C))

M/S.INTERNATIONAL FREEZE FISH EXPORTS, AP II/810, C.I.E., AROOR - 688 534, REPRESENTED BY ITS MANAGING R.VAMANA KINI.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1767 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.27270 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688 001.

BY SRI. MUHAMMED RAFEEQ–SPECIAL GOVERNMENT PLEADER RESPONDENT:[PETITIONER IN THE W.P.(C)]

M/S FRIENDS MARINE INDUSTRIES XIV/465, EZHUPUNNA, ALAPPUZHA-688 548, REPRESENTED BY ITS PARTNER. A.S. MOHAMMED.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1768 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.29926 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA 688 001.

BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:- (PETITIONER IN THE W.P.(C))

M/S. INTERFISH

7/118, CHANDIROOR, ALAPPUZHA - 688 547, REPRESENTED BY ITS PARTNER P.A MINHAS BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1770 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.28636 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688001.

BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:- (PETITIONER IN THE W.P.(C))

M/S.GEO AQUATIC PRODUCTS PVT.LTD.

VELUTHULLY ROAD, CHANDIROOR-688547, REPRESENTED BY ITS MANAGING DIRECTOR, C.A SALIM.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1773 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 4.07.2018 IN WP(C)

NO.27271 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-(RESPONDENT IN THE W.P.C)]

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688 001.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.C)]

M/S INTERSEAS

7/119, CHANDIROOR,ALAPPUZHA-688 547, REPRESENTED BY ITS PARTNER NOBY KARIKKASERRY.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1774 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 4.07.2018 IN WP(C) NO.5863 OF 2014 OF HIGH COURT OF KERALA APPELLANT:-(RESPONDENT IN THE W.P.C)

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688001.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:-(PETITIONER IN THE W.P.C)

ABAD SEAFOOD PROCESSORS, AROOR.P.O., CHERTHALA ABAD BUILDING, PIN-688534, REPRESENTED BY ITS MANAGER FARAZ JAVEED.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1787 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.30313 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR AND THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR,ALAPPUZHA-688001.

BY SPECIAL GOVERNMENT PLEADER MOHAMEED RAFEEQ RESPONDENT:[PETITIONER IN THE W.P.(C)] ACCELERATED FREEZE DRYING COMPANY LTD.

EP IV/513,EZHUPUNNA,ALAPPUZHA, REPRESENTED BY ITS VICE PRESIDENT S.P.KAMATH.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1791 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26283 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688001 BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:- (PETITIONER IN THE W.P.(C))

FRONTLINE EXPORTS (P) LTD INDUSTRIAL ESTATE, AROOR-688534, REPRESENTED BY ITS MANAGING DIRECTOR M.S.ANAZ BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1803 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.25444 OF 2012 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ERNAKULAM-682031.

SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S.ABM MARINE PRODUCTS

19/2084E NAMBIAPURAM, PALLURUTY, COCHIN-682006, REPRESENTED BY ITS PARTNER MR. K.MADHUKUMAR.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1804 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26329 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688001.

SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENTS [PETITIONERS IN THE W.P.(C)]:

1 M/S A.M.FISHERIES XVIII/378, KAKKAZHOM, VANDANAM P.O., ALAPPUZHA-688005, REPRESENTED BY ITS PARTNER M.NIZAM.

2 PREMIER MARINE FOODS, NIZAM MANZIL, VANDANAM P.O., ALAPPUZHA-688005, REPRESENTED BY ITS PARTNER M.NIZAM. 3 PREMIER EXPORTS INTERNATIONAL, AP X/453, CHANIROOM, ALAPPUZHA-688535, REPRESENTED BY ITS PARTNER M.NIZAM.

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1805 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26315 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA - 688 001 BY SRI. MUHAMMED RAFEEQ–SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S.MOON FISHERIES (INDIA) PVT. LTD.

11/722/D, INDUSTRIES ESTATE, AROOR, ALAPPUZHA - 688 534, REPRESENTED BY ITS MANAGING DIRECTOR GEORGE P.KORAH BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1806 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26927 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P(C)]

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688 001 BY SRI. MUHAMMED RAFEEQ–SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S. PREMIER MARINE EXPORTS AX/456,CHANDIROOR, ALAPPUZHA, REPRESENTED BY ITS PARTNER M.NIZAM BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1810 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26484 OF 2012 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691582.

BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:-(PETITIONER IN THE W.P.(C))

M/S. ROYAL OCEANS AP XII/528, OLD NH CHANDIROOR, AROOR, ALLEPPEY-688547, KERALA, A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT KALLUVILA, THANGASSETRI, KOLLAM, REPRESENTED BY ITS MANAGING PARTNER, MR. JACOB K BABU.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1812 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.16622 OF 2015 OF HIGH COURT OF KERALA APPELLANT:[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR. SALIM ALI ROAD, COCHIN- 682018.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:[PETITIONER IN THE W.P.(C)] FREEZE ENGINEERING INDUSTRIES (P) LTD.

XVI/1109, COCHIN FISHERIES HARBOUR, THOPPUMPADY, COCHIN-682005, REPRESENTED BY ITS MANAGER, RAGHU NARAYAN POTTY.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1814 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.28466 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688 001.

BY SRI.MOHAMMED RAFEEQ - GP RESPONDENT:-[PETITIONER IN THE W.P.(C)]

P.A.MINHAS PROPRIETOR, PEARL COAST MARINE FOODS, APX/763F, CHANDIROOR, ALAPPUZHA-688 547.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1815 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.17150 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR.SALIM ALI ROAD, COCHIN-682 018.

BY SPL. GP- MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.(C)] HEIPLOEG SEAFOODS INDIA PRIVATE LIMITED KAY KAY HOUSE, 39/116, MULASHERRY CANAL ROAD, COCHIN-682 011, REPRESENTED BY ITS DIRECTOR, VIVEK VIJAYKUMAR.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1818 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.24331 OF 2014 OF HIGH COURT OF KERALA APPELLANT:- {RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691 582.

BY SRI.MUHAMMED RAFEEQ- SPECIAL GOVERNMENT PLEADER RESPONDENT:[ PETITIONER IN THE W.P.(C)]

M/S INDIAN ACQUATIC PRODUCTS SAKTHIKULANGARA, KOLLAM-691 581, REPRESENTED BY ITS PARTNER MR. PHILOMENE ANTONY.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1821 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C) NO.9236 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- ( RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR.SALIM ALI ROAD, COCHIN-682018.

BYSRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENTS:- (PETITIONERS IN THE W.P.(C))

1 PARAGON SEAFOODS (P) LTD., P.B.NO.817, THOPPUMPADY, KOCHI-682005, REPRESENTED BY ITS MANAGING DIRECTOR, JOSEPH ANTONY.

2 ABAD FISHERIES (P) LTD., ABAD BUILDING, KOCHUANGADI, COCHIN-682002, REPRESENTED BY ITS DIRECTOR, JAVED HASHIM.

3 ABAD C-FOOD CANNING CO.(P)LTD., ABAD BUILDING, KOCHANGADI, COCHIN-682002, REPRESENTED BY ITS DIRECTOR, JAVED HASHIM.

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1822 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 4.07.2018 IN WP(C)

NO.24683 OF 2014 OF HIGH COURT OF KERALA APPELLANT:-(RESPONDENT IN THE W.P.C)]

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691 582 BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.C]

M/S. VERONICA MARINE EXPORTS (P) LTD PUTHETHORA, NEENDAKARA POST, KOLLAM-691 582, REPRESENTED BY ITS GENERAL MANAGERS..ALWYN BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1825 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 4.07.2018 IN WP(C)

NO.26454 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-(RESPONDENT IN THE W.P.C:

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688 001.

BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:-(PETITIONER IN THE W.P.C):

M/S HIGH SEAS EXIM AP X/102, CHANDIROOR, ALAPPUZHA-688 547, REPRESENTED BY ITS PARTNER SULFIKAR V.K.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1838 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.17712 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR.SALIM ALI ROAD, COCHIN-682 018.

BY SPL. GP- MUHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.(C)]

JIS INTERNATIONAL EXPORTS PVT.LTD.

28/60A-1, FIRST FLOOR, G-107, PANAMPILLY NAGAR, COCHIN-682 036, REPRESENTED BY ITS MANAGING DIRECTOR DOMINIC SEBASTIAN.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1839 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26926 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER AND DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA - 688 001.

BY SPL. GP- MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S. CHERUKATTU INDUSTRIES (MARINE DIVISION), AROOKUTTY FERRY ROAD, AROOR 688 434 REPRESENTED BY ITS MANAGING PARTNER C.A. NAZER.

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1850 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.6425 OF 2017 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM - 691 582 BY SPL. GP – MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.(C)]

CHARLY FISHERIES, MAMACHAN TURUTHU, NEENDAKARA, KOLLAM - 691 582, REPRESENTED BY ITS MANAGER, MR. THULASIDHARAN PILLAI BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1852 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.20802 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR.SALIM ALI ROAD, COCHIN- 682018.

BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:- (PETITIONER IN THE W.P.(C))

CHOICE CANNING COMPNAY, (A DIVISION OF CHOICE TRADING CORPORATION PRIVATE LIMITED), 21/1391-A, THANGAL NAGAR, NEAR PASHNITHODU PALAM, PALLURUTHY, COCHIN- 682006, REPRESENTED BY ITS DIRECTOR P.BALACHANDRAN.

BY ADV SRI.PREMJIT NAGENDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1861 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C) NO.913 OF 2014 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR. SALIM ALI ROAD, COCHIN 682018.

BY SRI.MOHAMMED RAFEEQ- SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

ABAD OVERSEAS (P) LTD ABAD BUILDING, KOCHANGADI, KOCHIN-682003, REPRESENTED BY ITS MANAGING DIRECTOR ANWAR HASHIM.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1870 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.10728 OF 2017 OF HIGH COURT OF KERALA APPELLANT:- [RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM - 691 581 BY SRI. MUHAMMED RAFEEQ -SPECIAL GOVERNMENT PLEADER RESPONDENT:- [PETITIONER IN THE W.P.(C)]

XAVIER LUKE FERNANDEZ PROPRIETOR, LUKE EXPORTS, SHAKTHIKULANGARA, KOLLAM - 691 581 BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1879 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.25486 OF 2012 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES,ERNAKULAM-682031 BY SRI. MOHAMMED RAFEEQ – SPECIAL GOVERNMENT PLEADER RESPONDENT:- (PETITIONER IN THE W.P.(C))

ALAPPAT MARINE PRODUCTS, 6TH FLOOR, HOUSE OF ALAPPATT, M.G ROAD, COCHIN-682 016 REPRESENTED BY ITS POWER OF ATTORNEY MR. SURESH K.N BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1880 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.13768 OF 2017 OF HIGH COURT OF KERALA APPELLANT:-(RESPONDENT IN THE W.P.(C))

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691581.

BY SRI. MOHAMMED RAFEEQ – SPECIAL GOVERNMENT PLEADER RESPONDENT:-(PETITIONER IN THE W.P.(C))

M/S.AVLA NETTOS EXPORTS, SAKTHIKULANGARA, KOLLAM-691581, REPRESENTED BY ITS MANAGER, MR.SURESH BABU.

BY ADV. SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1883 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26448 OF 2015 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA 688 001.

SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:-[PETITIONER IN THE W.P.(C)]

G.RATNAKARAN PILLA PROPRIETOR, R.K EXPORTS, VIII/249 EZHUPUNNA P.O, CHERTHALA 688 550.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1888 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.26437 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE ASSESSING OFFICER AND THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA-688001.

BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENTS:- (PETITIONER IN THE W.P.(C))

PREMIER MARINE ENTERPRISES.

EP IX/315, ERAMALOOR, ALAPPUZHA-688537, REPRESENTED BY ITS PARTNER AHMED AZHAR.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1917 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.7444 OF 2017 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM - 691003.

BY SRI.MUHAMMED RAFEEQ-SPECIAL GOVERNMENT PLEADER RESPONDENT:- [ PETITIONER IN THE W.P.(C)]

M/S.ESMARIO EXPORT ENTERPRISES (P) LTD KAVANAD P. O., KOLLAM - 691003, REPRESENTED BY ITS GENERAL MANAGER, MR. INNOCENT JOSEPH.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1937 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.37568 OF 2015 OF HIGH COURT OF KERALA APPELLANT:[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES AND ASSESSING OFFICER OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ALAPPUZHA - 688 001 BY SPECIAL GOVERNMENT PLEADER MOHAMMED RAFEEQ RESPONDENT:[PETITIONER IN THE W.P.(C)]

M/s. PENVER PRODUCTS PVT. LTD.

AP 11/688, INDUSTRIAL ESTATE, AROOR, ALEPPEY - 688 534, REPRESENTED BY ITS GENERAL MANAGER NELSON GEORGE BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1966 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.37556 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- [RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES AND THE ASSESSING OFFICER OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ALAPPUZHA-688 001 BY SRI.MUHAMMED RAFEEQ -SPECIAL GOVERNMENT PLEADER RESPONDENT:- [PETITIONER IN THE W.P.(C)]

THREE STAR MARINE EXPORTS AROOR, ALLEPPY, REPRESENTED BY ITS MANAGING PARTNER, AHMED KUTTY.

BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1972 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 19.09.2018 IN WP(C)

NO.29178 OF 2015 OF HIGH COURT OF KERALA APPELLANTS:- (RESPONDENTS 1, 2, 4 & 5 IN THE W.P.(C))

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001

2 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001

3 THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN 695001

4 THE ASSESSING OFFICER AND DEPUTY DIRECTOR OF FISHERIES, ALAPPUZHA, PIN-688001 BY SRI. MOHAMMED RAFEEQ – SPECIAL GOVERNMENT PLEADER RESPONDENTS:- (PETITIONER & 3RD RESPONDENT IN THE W.P.(C))

1 COCHIN FROZEN FOOD EXPORTS PVT.LTD., AROOKUTTY FERRY ROAD, AROOR.P.O, ALAPPUZHA DISTRICT, PIN-688534, REPRESENTED BY ITS MANAGING DIRECTOR, K.PRABHAKARAN.

2 THE KERALA FISHERMEN'S WELFARE FUND BOARD REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM, PIN-695001 BY ADVS.

Joe J Uruvath SABIR N.S.(K/1554/2020)

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 1984 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.23798 OF 2014 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, KOLLAM-691 582 BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:-(PETITIONER IN THE W.P.(C))

M/S.POYILAKADA FISHERIES (P) LTD.

P.B. NO. 41, PARAMESWAR NAGAR, KOLLAM-691 001, REPRESENTED BY ITS MANAGER-MR. REGI ASOK.

BY ADV SRI.PREMJIT NAGENDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 2066 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.31168 OF 2013 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE ASSESSING OFFICER OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ERNAKULAM DIVISION, DR. SALIM ALI ROAD, COCHIN - 682 018 BY SRI. MUHAMMED RAFEEQ -SPECIAL GOVERNMENT PLEADER RESPONDENT/S:- [PETITIONERS IN THE W.P.(C)]

1 MOON FISHERY (INDIA) PRIVATE LIMITED G-225, 1ST FLOOR, PANAMPAPPLY NAGAR, KOCHI - 682 036, REPRESENTED BY ITS MANAGING DIRECTOR DOMINIC SEBASTIAN.

2 M/S. CHEMMEENS (REGISTERED) CHEMMEENS JUNCTION, KARUVELIPADY, KOCHIN - 682 005, REPRESENTED BY ITS MANAGING PARTNER P.C. CHERIAN

3 SLS EXPORTS PRIVATE LTD., XXII/1377, EDAKOCHI, KOCHIN - 682 010, REPRESENTED BY ITS MANAGER K. VIJAYA KUMAR

4 K.K. LIRAR PROPRIETOR, L.G. SEA FOODS, 18/343, PALLURUTHY NADA, KOCHIN - 682 006

5 ACCELERATED FREEZE DRYING COMPANY LTD.

AMALGAM HOUSE, BRISTOW ROAD, WILLINGDON ISLAND, KOCHIN - 682 003, REPRESENTED BY ITS VICE PRESIDENT, S.P. KAMATH 6 STAR FISH EXPORT

22/1318, PEEVEES BUILDING, EDAKOCHI, KOCHI - 682

006, REPRESENTED BY ITS MANAGING PARTNER, V.

GEORGE JOSEPH

7 NATIONAL SEAFOODS COMPANY

11/424, SRAMPICKAL ROAD, CHULLIKKAL, KOCHIN - 682

005, REPRESENTED BY ITS MANAGING PARTNER, O.T.

ALEXANDER

8 ABAD EXIM PRIVATE LTD., PLOT NO. 31 AN 33, COCHIN SPECIAL ECONOMIC ZONE, KAKKANAD, KOCHIN - 682 030, REPRESENTED BY ITS MANAGING DIRECTOR, ANWAR HASIM

9 K. KRISHNA KUMAR PROPRIETOR, KAY KAY EXPORTS, 39/116, KAY KAY HOUSE, MULASSHARRY CANAL ROAD, KOCHI - 682 011 BY ADV SRI.PREMJIT NAGENDRAN PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 2112 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.33902 OF 2015 OF HIGH COURT OF KERALA APPELLANT:- (RESPONDENT IN THE W.P.(C))

THE DEPUTY DIRECTOR OF FISHERIES AND ASSESSING OFFICER, OFFICE OF THE FISHERIES DEPUTY DIRECTOR, ALAPPUZHA-688001.

BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:- (PETITIONER IN THE W.P.(C))

G.K.S BUSINESS ASSOCIATES (P) LTD., GKS COMPLEX, AROOR FERRY ROAD, AROOR-688534, REPRESENTED BY ITS DIRECTOR G. GIRISHANKAR.

BY ADV SRI.PREMJIT NAGENDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WA NO. 2138 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 04.07.2018 IN WP(C)

NO.24348 OF 2012 OF HIGH COURT OF KERALA APPELLANT:-[RESPONDENT IN THE W.P.(C)]

THE DEPUTY DIRECTOR OF FISHERIES, OFFICE OF THE DEPUTY DIRECTOR OF FISHERIES, CALICUT - 673 301.

BY SRI. MOHAMMED RAFEEQ - SPECIAL GOVERNMENT PLEADER RESPONDENT:-[PETITIONER IN THE W.P.(C)]

M/S. UNIROYAL MARINE EXPORTS LIMITED, 11/19, VENGALAM P.O., CALICUT - 673 303, REPRESENTED BY ITS CHIEF EXECUTIVE MR.THOMAS T.KOSHY.

JUDGMENT

[WA Nos.987/2019, 944/2019, 955/2019, 1048/2019, 1445/2019, 1441/2019, 1457/2019, 1495/2019, 1482/2019, 1456/2019, 1452/2019, 1497/2019, 1464/2019, 1545/2019, 1550/2019, 1514/2019, 1520/2019, 1522/2019, 1551/2019, 1546/2019, 1578/2019, 1665/2019, 1749/2019, 1770/2019, 1791/2019, 1750/2019, 1787/2019, 1767/2019, 1804/2019, 1805/2019, 1803/2019, 1773/2019, 1774/2019, 1768/2019, 1806/2019, 1810/2019, 1821/2019, 1818/2019, 1812/2019, 1838/2019, 1822/2019, 1861/2019, 1814/2019, 1879/2019, 1825/2019, 1815/2019, 1850/2019, 1839/2019, 1852/2019, 1870/2019, 1880/2019, 1883/2019, 1888/2019, 1917/2019, 1937/2019, 1966/2019, 1972/2019, 1984/2019, 2138/2019, 2066/2019, 2112/2019]

1. Among the captioned writ appeals, WA No.987/2019 is the lead case arising out in the adjudication of W.P. (C)No.30322/2010 wherein the Association called Seafood Exporters Association of India, Kerala region and other individual exporters altogether had challenged the competence of the State in promulgating an Act called Kerala Fishermen’s And Allied Workers Welfare Cess Act, 2007, primarily on two grounds:

(i) State did not have the legislative competence to cause a declaration that the exporters of seafood are liable to pay Cess, interest on penalty under the Act.

(ii) There had already been an adjudication on the issue by the Constitutional Bench of the Supreme Court in Koluthara Export v. State of Kerala [2002 (2) SCC 459] whereby provisions of Section 4(2) of Kerala Fishermen’s Welfare Fund Act, 1985 was held to be unconstitutional.

2. State in the year 1985 had brought into force Kerala Fishermen’s Welfare Fund Act, 1985 (hereinafter called ‘the 1985 Act’) with objects and reason that the fishermen who belong to weaker section of Society have not been able to achieve the purpose for which earlier schemes were promulgated and the aforementioned Welfare Fund for promotion of the welfare of the fishermen was incorporated. Section 2(a), 2(bb) and 2(d) of the Act defined 'Allied Workers', ‘Contributions’ and ‘Dealer’. The Clauses which are relevant for adjudication of the present intra court appeals are Allied worker, Contribution and Dealer. The same are extracted hereinbelow:

"allied worker" means any person who is engaged mainly in fishery related activities for his livelihood and who does not come under the definition of the term fisherman in clause (e) of section 2 of the Kerala Fisherman's Welfare Societies Act, 1980 (7 of 1981) and includes beach workers, small scale fish distributors, fish curers, peeling workers and small scale processing plant workers, who are not members or not eligible to get membership, in any other Statutory Welfare Scheme.

2(bb) “contribution” means the sum of money payable to the fund under section 4 ;

2(d). “dealer” means any person who carries on, within the State of Kerala the business of buying or selling or processing fish or exporting fish (in raw or in processed form) or fish products and includes,”

3. Section 4 envisaged the procedure for contribution to the fund. It is extracted hereinbelow:

“(1) Every fisherman shall contribute to the Fund every year at such rate, as may be fixed by the Government, from time to time on the recommendation of the Board.

(1A) Every allied worker shall contribute to the Fund, every month, at such rate as may be fixed by the Government from time to time, on the recommendation of the Board.

(2) A dealer shall contribute to the Fund, every year, one per cent of his sale proceeds in the year (3) The owner of a fishing vessel of any category, shall contribute to the Fund every month an amount, at such rate, as may be fixed by the Government from time to time, on the recommendation of the Board to that category of fishing vessel.

(4) The owner of a stakenet or chinanet shall contribute to the Fund, at such rate, as may be fixed by the Government, from time to time, on the recommendation of the Board, for nine months every year.

(5) The owner of a prawn filtration area or a prawn culture farm or a f

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