2025:KER:27610 W.A.No.551 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR & THE HONOURABLE MR. JUSTICE S.MANU MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WA NO.551 OF 2025 AGAINST THE ORDER DATED 17.03.2025 IN WP(C) NO.10565 OF 2025 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS: 1 SHIVADASAN.K, AGED 58 YEARS S/O. KUMARAN, SHIVABHAVANAM,CLAPPANA (P.O), KARUNAGAPALLY, KOLLAM, PIN - 690525 2 RAJKUMAR, AGED 58 YEARS S/O.SHANKARAN, KARTHIKA, BHAVANAM, K.S.PURAM, ADHINAD (P.O), KARUNAGAPPILLY, KOLLAM - 690542 3 OMANAKUTTAN, AGED 60 YEARS S/O.ARJUNAN CHETTIYAR, AGED 60 YEARS, CHAITHRAM, VARAVILA P.O., KOLLAM, PIN - 690528 BY ADVS. R.REJI ARJUN R. ARUN BOSE B.BIPIN JEENA A.V. M.V.THAMBAN RAGESH R. THARA THAMBAN ] 2025:KER:27610 W.A.No.551 of 2025 2 RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE FISHERIES DIRECTOR DIRECTORATE OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 3 THE DEPUTY DIRECTOR OF FISHERIES VIDYA NAGAR, KOLLAM, KOLLAM DISTRICT, PIN - 688013 4 THE STATION HOUSE OFFICER KANAKAKUNNU POLICE STATION, VELANCHIRA, PATTOLI MARKET PO, ALAPPUZHA DISTRICT, PIN - 690531 5 THE STATION HOUSE OFFICER OACHIRA POLICE STATION, KOLLAM DISTRICT - 696526 6 THE STATION HOUSE OFFICER THRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA DISTRICT, PIN - 690515 TEKCHAND V, SR.GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27610 W.A.No.551 of 2025 3 JUDGMENT Dated this the 24th day of March, 2025 Nitin Jamdar, C.J. Heard Mr.R.Reji, learned counsel for the Appellant and Mr.V.Tekchand, learned Senior Government Pleader appearing for the State. 2. The Appeal has been filed against an interim order, whereby the Writ Petition was admitted but no interim relief was granted. The Petitioner challenges Section 17(4) of the Kerala Inland Fisheries and Aquaculture Act, 2010 (Act 15 of 2010), which prescribes that no fishing activity shall be carried out beyond what is stipulated in the licence. If the Petitioners are permitted to carry out activities beyond the stipulations contained in the licence, without setting aside or declaring this particular provision as unconstitutional, the grant of such a relief would be directly contrary to the statute. As far as the prima facie case for challenging the provision is concerned, Act 15 of 2010 has been enacted to prevent over-exploitation and regulate fishing activities, keeping in mind the principles of sustainable development. Therefore, we find no error or perversity in the discretionary order passed by the learned Single Judge in not granting the interim relief. 3. The Appeal is accordingly dismissed. Sd/- NITIN JAMDAR CHIEF JUSTICE Sd/- S. MANU JUDGE vgd/25.03.25 2025:KER:27610 W.A.No.551 of 2025 4 APPENDIX OF WA 551/2025 APPELLANTS’ EXHIBITS EXHIBIT P1 ENGLISH TRANSLATION OF EXHIBIT P1 IN WRIT PETITION EXHIBIT P2 ENGLISH TRANSLATION OF EXHIBIT P2 IN WRIT PETITION EXHIBIT P3 ENGLISH TRANSLATION OF EXHIBIT P3 IN WRIT PETITION EXHIBIT P4 ENGLISH TRANSLATION OF EXHIBIT P4 IN WRIT PETITION EXHIBIT P5 ENGLISH TRANSLATION OF EXHIBIT P5 IN WRIT PETITION EXHIBIT P8 ENGLISH TRANSLATION OF EXHIBIT P8 IN WRIT PETITION