WP(C) NO. 13044 OF 2025 1 2025:KER:29180 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13044 OF 2025 PETITIONER/S: DEVARAJAN M AGED 51 YEARS S/O. SREEDHARAN, MOKKATH, BEYPUR, KOZHIKODE - ., PIN - 673015 BY ADVS. SHARAN SHAHIER RHEA SHERRY TREESA SHAJI ANGELINA JOY SONA BENNY ADITHYAN C. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - ., PIN - 695001 2 THE DEPUTY DIRECTOR OF FISHERIES FISHERIES ADJUDICATING OFFICER, KOZHIKODE, KERALA - ., PIN - 673001 GP SRI.B.SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13044 OF 2025 2 2025:KER:29180 C.S.DIAS, J. --------------------------------------- WP(C) No. 13044 OF 2025 ----------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT The writ petition is filed to quash Ext.P2 order and direct the respondents to reconsider the matter afresh. 2. The petitioner is the registered owner of a fishing vessel, operating out of Beypore, Kozhikode District. On 22.02.2025, the petitioner's vessel was detained by the Marine Enforcement Wing of the respondents on the allegation that the petitioner had contravened the provisions of the Kerala Marine Fishing Regulation Act and the Rules framed thereunder. On 27.02.2025, the Adjudicating Officer telephoned the petitioner and directed him to appear on the next day. The petitioner, being an illiterate fisherman and having no knowledge of the consequences of the direction, innocently appeared before the Adjudicating Officer. The said officer, without giving the petitioner an opportunity to file his objections and without hearing him, immediately passed Ext.P2 order. Ext.P2 is WP(C) NO. 13044 OF 2025 3 2025:KER:29180 passed in violation of the rudimentary principles of the natural justice. Ext.P2 order is arbitrary and unreasonable. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. The materials on record reveal that, the Adjudicating Officer informed the petitioner over phone on 27.02.2025 to appear before him on the following day. 5. It is the petitioner's case that, he out of his ignorance, appeared before the Adjudicating Officer on 28.02.2025. Then, the Adjudicating Officer, without giving the petitioner an opportunity to file his objections or hearing him, passed the impugned Ext.P2 order. 6. The materials on record substantiate the assertions of the petitioner to be correct. 7. After bestowing my anxious consideration to the facts and the materials on record, particularly that the petitioner was directed to appear before the Adjudicating Officer only on the previous day of hearing and he was not given an opportunity of being heard, I am convinced that WP(C) NO. 13044 OF 2025 4 2025:KER:29180 Ext.P2 order is liable to be quashed, because it is passed in violation of the principles of natural justice, and that the petitioner is to be given a fresh opportunity to file his submissions and advance his arguments before the Adjudicating Officer. In the aforesaid circumstances, I allow the writ petition in the following manner: (i) Ext.P2 order is quashed. (ii) The petitioner is directed to appear before the Adjudicating Officer on 22.04.2025 at 11 a.m. (iii) It would be up to the petitioner to file his written objections and produce any material before the Adjudicating Officer, on the hearing date. (iv) The Adjudicating Officer shall afford the petitioner an opportunity of being heard and pass orders in accordance with law. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE rkc/04.04.25 WP(C) NO. 13044 OF 2025 5 2025:KER:29180 APPENDIX OF WP(C) 13044/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT, NO.DDFKZD.151.2025.G DATED 27/2/2025 Exhibit P2 A TRUE COPY OF THE ORDER BY THE 2ND RESPONDENT NO. DDFKZD/151/2025.G.DATED 28/2/2025 Exhibit P3 A TRUE COPY OF THE REPLY DATED 18/03/2025