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Judgment
S.Manikumar, C.J.
Petitioners have filed this Writ Petition challenging the constitutional validity of the Kerala Fish Auctioning, Marketing and Maintenance of Quality Ordinance, 2020 (Ordinance No.44 of 2020), primarily on the ground that it is beyond the legislative competence of the State of Kerala.
Reliefs sought for in this writ petition are as follows:
(a) declare that "Kerala Fish Auctioning, Marketing and Maintenance of Quality Ordinance, 2020" (Ext.P1 produced herein), promulgated by the Government of Kerala is illegal, arbitrary and ultravires to the constitution of India and hence, struck down the same.
(b) declare that the State Government has no power or authority to issue Ext.P1 ordinance for regulate the fishing and realizing commission as per Sec.4 of the Ordinance on the fishery of the petitioners, who are performing the fishing operation beyond the Territorial Waters of the State Government.
(c) call for the records leading to Ext.P1 Ordinance issued by the State Government and quash the same by issuing a writ of certiorari as the same clearly illegal, arbitrary and violate the provisions of Article 213(3) of the Constitution of India.
(d) direct the State to allow the innocent passage of the petitioners vessels and operations of fishing and allied activities including auction of fish without Commission.
On this day, when the matter came up for hearing, Mr.O.D.Sivadas, learned counsel for the petitioners submitted that the validity of the ordinance in question has lapsed. Learned counsel for the petitioners further submitted that a fresh ordinance has been issued by the Government, which shall deem to have come into effect from 24th September 2021.
In the light of the above developments, prayers sought for in this writ petition cannot be granted. Writ petition is dismissed.