IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 31186 of 2000(K)
1. ABOVE EXPORTS
... Petitioner
Vs
1. STATEOF KERALA
... Respondent
For Petitioner :SRI.REJI PAUL
For Respondent :ZAKKIRHUSSAIN
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/10/2007
O R D E R
H.L.Dattu,C.J. & K.T.Sankaran,J.
----------------------------------------------
O.P.No.31186 of 2000-K
----------------------------------------------
Dated, this the 5th day of October, 2007
JUDGMENT
K.T.Sankaran,J.
The prayer in the Original Petition is to declare that Exhibits P1
and P2 are illegal and void. Exhibit P1 is an order dated 7.4.2000 issued by the
Regional Executive of the Fishermen’s Welfare Fund Board and Exhibit P2 is a
demand notice before attachment.
(2) The learned counsel appearing for the 2nd respondent Board
submitted that in view of the decision of the Supreme Court in Koluthara Exports
Ltd. v. State of Kerala & others [(2002) 2 SCC 459], Exhibits P1 and P2 would
not survive.
(3) In the light of the decision of the Supreme Court, the reliefs
prayed for in this Original Petition are liable to be granted. Accordingly, the
Original Petition is allowed and Exhibits P1 and P2 are quashed.
C.M.P.Nos.53018 of 2000 and 55173 of 2000 are dismissed.
Ordered accordingly.
H.L.Dattu
Chief Justice
K.T.Sankaran
Judge
vku/-