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2021 Supreme(Online)(KER) 3186
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942 WP(C).No.28838 OF 2015(S)
PETITIONER:
PROF.P.A.JERALD AGED 54 YEARS, S/O.P.L.ANTONY, ST.ALBERT'S COLLEGE, PALLIPARAMBIL HOUSE, YMCA ROAD, FORT KOCHI-682 001.
BY ADVS.
SRI.V.J.MATHEW (SR.)
SRI.DILJITH MANOHAR SRI.VIPIN P.VARGHESE RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY HOME SECRETARY, ROOM NO 127, NORTH BLOCK , SECRETARIAT, TRIVANDRUM-695 001.
2 DIRECTOR PORTS, STATE OF KERALA, VALIYATURA, VALLAKADAVU P O,TRIVANDRUM – 695 008.
3 THE BOARD OF TRUSTEES, COCHIN PORT TRUST, W/ISLAND, COCHIN-682 009, REPRESENTED BY ITS DEPUTY CONSERVATOR.
4 CORPORATION OF COCHIN, ERNAKULAM, KOCHI-682 025, REPRESENTED BY ITS SECRETARY.
ADDL. C.J.KUNJUKUNJU R5 AGED 60 YEARS, S/O.JACOB, CHAKKALAKAL HOUSE, EAST MUNDAMVELI, KOCHI - 682 005.
IS IMPLEADED AS ADDITIONAL RESPONDENT NO.5 VIDE ORDER DATED 28/09/2015 IN IA.13904/2015.
ADDL. K.J.JACOB R6 S/O.JOSEPH, KUTTIPURATH HOUSE, VYLOPILLY LANE, AZAD ROAD, KALOOR, KOCHI - 682 017.
IS IMPLEADED AS ADDITIONAL RESPONDENT NO.6 VIDE ORDER DATED 19/10/2015 IN IA.14463/2015.
ADDL. THE DIRECTOR, R7. DEPARTMENT OF FISHERIES, STATE OF KERALA, THIRUVANANTHAPURAM.
ADDL. MARINE ENFORCEMENT WING OF THE COASTAL POLICE, R8. STATE OF KERALA, PLAMOOD, KAWDIAR P.O., CHARACHIRA ROAD, THIRUVANANTHAPURAM-695 003.
R7 & R8 ARE IMPLEADED AS ADDITIONAL RESPONDENT NOS.7 AND 8 VIDE ORDER DATED 08/12/2015 IN IA.17731/2015.
R1 BY ADV. SRI.A.G.BASIL R1 BY ADV. SRI.N.MANOJ KUMAR R1 BY ADV. SRI.P.N.SUKUMARAN R3 BY ADV. SRI.K.ANAND (SR.)
R3 BY ADV. SMT.LATHA ANAND R4 BY ADV. SRI.MILLU DANDAPANI,SC,COCHIN CORPORATION SRI. ADARSH MATHEW REPRESENTING COUNSEL FOR PETITIONER, SRI. SURIN GEORGE IPE, SR GP FOR R1, R2, ADDL. R7 AND ADDL. R8, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['SRI V J MATHEW SR', '', 'SRI DILJITH MANOHAR', 'SRI VIPIN P VARGHESE', 'GOVERNMENT PLEADER', '', 'SRI K ANAND SR', 'SRI A G BASIL', 'SRI N MANOJ KUMAR', 'SRI P N SUKUMARAN', 'SRI MILLU DANDAPANISCCOCHIN CORPORATION', 'SMT LATHA ANAND', 'SC', 'COCHIN PORT TRUST', 'SRI K ANAND SR', 'SRI MILLU DANDAPANI', 'COCHIN CORPORATION']
Dated this the 2nd day of February, 2021 S.Manikumar, C.J.
In this Public Interest Litigation, the petitioner has sought for the following reliefs:
“a. To issue a writ of mandamus any other appropriate writ, directions or orders commanding the 1st, 2nd, 3rd and 4th respondents to strictly implement the provisions of the Inland Vessels Act 1917 and the Kerala Inland Vessels Rules 2010 and conduct proper and periodical survey and inspection on all vessels/boats within the State before issuing license, issuing fitness certificates and renewing licenses, failing which the officers responsible of the respondents has to be prosecuted.
b. To issue a writ of mandamus any other appropriate writ, direction or order commanding the 1s respondent to appoint special court and direct for judicial investigation at such place fixed by the government under Section 33 of the Inland Vessels Act 1917 with respect to the recent boat accident occurred at Fort Kochi.
c. To issue a writ of mandamus any other appropriate writ, direction or order commanding the respondents to pay adequate pecuniary compensation to the family of the deceased passengers and also to the injured of the Fort Kochi boat tragedy.”
2. On this day, when the matter came up for hearing, Adv.Adarsh Mathew, representing the learned counsel on record, submitted that the prayers sought for in the writ petition have become infructuous.
Writ petition is, therefore, dismissed as infructuous.
Pending interlocutory applications, if any, shall stand closed.
S.Manikumar Chief Justice
