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Judgment
Devan Ramachandran, J
Amidst the various assertions, allegations and avermetnts made and urged in this writ petition, Sri.V.Premchand – learned counsel for the petitioner conceded that his client has already invoked his alternative statutory remedies; but prayed that the fishing boat in question be directed to be released to him, on execution of a self bond, as has been done in the case of various others.
Sri.Sunil Kumar Kuriakose – learned Government Pleader, however, in response, submitted that if the petitioner is offering a self bond, with a solvent surety, his client will not stand in the way of appropriate orders being issued for releasing the fishing boat in question; and asserted vehemently that this is the pattern that has been followed by this Court in all other earlier cases.
I must say that this Court remembers that, in similar matters decided earlier, the fishing boats in question were directed to be released on self bond with one solvent surety. I am certain that the petitioner is also entitled to the same relief.
In the afore circumstances, without entering into the merits of any of the rival contentions, I order that the fishing boat of the petitioner will be released to him, pending adjudication of the statutory Appeal, on him executing a self bond, with one solvent surety. This shall be done forthwith on the afore condition being applied with.
After I dictated this part of this judgment, Sri. Sunil Kumar Kuriakose – learned Government Pleader, submitted that a provision may also be made, if the petitioner has not, or does not file, the statutory Appeal.
Obviously, if the petitioner does not invoke his statutory remedy, the benefit of the judgment will be lost to him and the respondents will be at liberty to repossess the fishing boat in terms of law, following due procedure.