SABITHA SANJAY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The case set up in this Writ Petition (Civil) is as follows: The petitioner and her husband indented to start fish farm in Ext.P1 property for their livelihood. The nature of Ext.P1 property as per Ext.P3 is Nilam and not inclined in Data Bank as per Ext.P4. Actually Ext.P1 property is lying as Chira and Kulam. Husband of the petitioner is having Ext.P9 aquaculture licence. Petitioner obtained Ext.P5 No Objection Certificate from the Deputy Director of Fisheries, Alappuzha. The petitioner submitted Ext.P6 application for the use Ext.P1 property is forwarded to the report of 4th respondent and Ext.P7 report is filed and it is pending before the 2 nd respondent. No action on Ext.P6 application is taken by the 2nd respondent and delaying the matter. The inaction on the part of the 2 nd respondent will defeat the purpose of business as it is for the livelihood of the family. Hence the petitioner seeking a petition to the respondents in Ext.P6. It is in the light of the above averments and contentions, the petitioner has filed the instant Writ Petition (Civil) with the following prayers :

(2.) Heard Sri. G.Beno, learned counsel appearing for the petitioner and Sri. K.J. Manu Raj, the learned Government Pleader appearing for the respondents.

(3.) Petitioner is now filed Ext.P6 application dated 15.05.2020 before the 2nd respondent-RDO, seeking for permission to conduct fish farming in the subject property, which is a pond, and it has been shown as paddy land/nilam as per the BTR, and has not been included in the land data bank as paddy land/nilam. Ext.P7 is a report submitted by the 4 th respondent- Village Officer, Ext.P8 is the sketch and plan of the fish farm and Ext.P8(a) is the location sketch. Further that, Ext.P9 is the licence issued by the Deputy Director of Fisheries, Government of Kerala for conduct of fish farming/aqua farming.