HC directs trawler owner to first move authorities

PANAJI

The High Court of Bombay at Goa on Wednesday disposed of a writ petition filed by fishing trawler owner Zaira Fernandes, directing her to first submit a formal representation to the authorities over the alleged denial of basic berthing amenities.

Fernandes, the owner of a fishing trawler engaged in high seas operations, had approached the court claiming that she had been granted berthing rights along with facilities such as diesel supply, fresh water and electricity -- all of which she described as essential for operating the vessel.

In her petition, she alleged that despite earlier communication granting a No Objection Certificate (NOC) for her fishing vessel, the concerned Society refused to provide basic amenities, including drinking water, after the trawler docked on February 17.

Advocate Vivek Rodrigues, appearing for the petitioner, argued that the society was acting as an agent of the Fisheries Department and was availing government subsidies. As such, he submitted, it was amenable to the writ jurisdiction of the High Court.

However, the Additional Government Advocate Deep Shirodkar contended that the petitioner had directly approached the court without first submitting any representation before the competent authorities. He argued that the petition was therefore not maintainable. The State further submitted that unless the department was made aware of the grievance, no remedial action could be initiated.

The Society adopted a similar stand, stating that no complaint had been made by the petitioner, enabling it to take suitable action.

Rodrigues told the court that, given the urgency of the matter, his client had directly moved the writ petition, but also sought permission to approach the respondents by way of representations or complaints.

Disposing of the petition without entering into the merits, the Division Bench of Justice Amit Jamsandekar and Justice Suman Shyam granted time to the petitioner till February 19 to submit a representation to the department and a complaint before the society.

“If such a representation complaint is filed by enclosing a copy of this order, the same may be looked into and appropriate remedial measures, as may be permissible under the law, be initiated as expeditiously as possible, but not later than February 23. If the petitioner continues to remain aggrieved in the matter even thereafter, it will be open for her to approach this Court again,” reads the order while disposing of the petition.