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2021 Supreme(Online)(KER) 2840

HIGH COURT OF KERALA
M.J.ANTONY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['BOBY THOMAS', '', 'SRI BIJI MATHEW', 'SMT PRIYADARSINI VINCENT', 'SMT RESHMI JACOB', 'GOVERNMENT PLEADER', 'SRI DINESH R SHENOY', 'SRI EBIN MATHEWSRI P ROHIT PREMANANDAN SHENOY', 'SRI S SUJIN']

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 22nd day of October, 2021 [W.P.(C) Nos.33046/2019, 24586/2020, 929/2021, 1511/2021 & 2422/2021 and COC No.782/2021]

W.P.(C) No.33046/2019 has been filed by Maruvakkad Padasekhara Karshaka Union and another seeking to quash Ext.P5 and to direct the 1st respondent to grant licence to the petitioner for conducting fishing operations in the 1st petitioner-Padasekharam. In the said writ petition, the 1st petitioner is an organisation of farmers and the 2nd petitioner is a contractor who was entrusted to conduct fishing in the Padasekharam for the year 2019-2020. The Fisheries Deputy Director issued Ext.P5 stop memo stating that the 1st petitioner-Maruvakkad Padasekhara Karshaka Union is conducting prawn cultivation without licence. Therefore, the said illegal cultivation should be stopped forthwith, failing which legal proceedings will be taken against the petitioners.

2. The petitioners would submit that Ext.P5 has been issued under the influence of respondents 4 to 12. Ext.P5 was issued without hearing the petitioners. If licence is refused to the 1st petitioner, many farmers will not be able to carry out aquaculture operations. Therefore,

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