LUKMON C.P. Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioners in these two cases - which have been heard together - are owners of fishing boats, which were taken into custody by the competent Authorities, on the allegation that they have violated Sec. 4 of the Kerala Marine Fishing Regulation Act, 1980 ('Act' for short).

(2.) The petitioners assert that they have not committed any violation as alleged and that they have been put to great detriment because, even though Rule 21 of the Kerala Marine Fishing Regulation Rule, 2018 ('Rules' for short), mandate that the Authorised Officer, as prescribed under Sec. 16 thereof of the 'Act', is to hear the parties within 10 days and to consider their objections, leading to appropriate orders, no action has been taken until now. They, therefore, pray that the impugned proceedings in these cases, be set aside.

(3.) Sri.V.Premchand ' learned counsel for the petitioners in both cases, submitted that, as far as the petitioner in WP(C)No.40271/2023 is concerned, the vessel in question was released to him on a Self Bond; while, that involved in WP(C)No.39584/2023 had been refused to be and is now in a virtual state of disrepair and likely to sink. He submitted that, therefore, his clients have been constrained to approach this Court, seeking that the competent Authority be directed to act as per Rule 21 of the 'Rules"; and that, in the meanwhile, the vessel involved in WP(C)No.39584/2023 be released to the petitioner therein on his Self Bond.