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2003 Supreme(Mad) 200
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM
The Thoothukudi Mavatta Then Paguthi Nattupadagu Kattumara Meenava Samuthaya Sangam - Appellant
Versus
The Mechanised Boat Fishing & Others - Respondents
Writ Petition Nos. 39122, 40864 to 40866, 45822 of 2002
Decided On : 13 February 2003
The central legal point established in the judgment is the importance of compliance with fishing regulations under both state and central acts, including the classification of fishing vessels, registration and licensing requirements, crew qualifications, and fishing operation regulations.
Headnote:
FISHING REGULATION - TAMIL NADU ACT 8/83 SECTIONS 6, 7, 9, 10, 15, 16, 18 - The court discussed the provisions of the Tamil Nadu Marine Fishing Regulation Act, 1983, including the definitions of mechanised fishing vessels and deep sea fishing vessels, registration and licensing requirements, crew qualifications, and fishing operation regulations. The court emphasized the importance of compliance with both the state and central acts and rules, and upheld the government's orders and notifications aimed at regulating fishing activities to prevent conflicts and maintain law and order.
Fact of the Case:
The case involved multiple writ petitions related to fishing regulations and disputes between mechanised boat owners and traditional fishermen. The petitioners sought various reliefs, including mandamus to enforce time schedule, distance, license, and registration rules.
Finding of the Court:
The court found that the government's orders and notifications were reasonable and in the public interest to protect traditional fishermen, conserve fish wealth, and maintain law and order. The court upheld the regulations and dismissed the writ petitions filed by the Mechanised Boat Fishing Development Association, while ordering the petition by Kattumara Meenava Samuthaya Sangam with observations.
Issues: The issues involved interpretation and enforcement of fishing regulations, including the classification of fishing vessels, registration and licensing requirements, crew qualifications, and fishing operation regulations. The court also addressed the disputes between mechanised boat owners and traditional fishermen.
Ratio Decidendi: The court's decision was based on the interpretation and application of the provisions of the Tamil Nadu Marine Fishing Regulation Act, 1983, and the Merchant Shipping Act, 1958. The court emphasized the importance of compliance with both state and central regulations and upheld the government's orders and notifications aimed at regulating fishing activities to prevent conflicts and maintain law and order.
Final Decision: The court dismissed the writ petitions filed by the Mechanised Boat Fishing Development Association and ordered the petition by Kattumara Meenava Samuthaya Sangam with observations. No costs were awarded, and connected motions were closed.
Since the issues in all these Writ Petitions are inter-connected, they are being disposed of by the following common order. Thoothukudi Mavatta Then Paguthi Nattupadagu Kattumara Meenava Samuthaya Sangam, Tiruchendur, has filed W.P.No. 39122 of 2002 seeking to issue a Writ of Mandamus, directing the respondents 2 to 7 to strictly implement the time schedule, distance, licence and registration rules by enforcing Sections 6, 7, 9, 10, 15, 16, 18 of the Tamil Nadu Act 8/83 in so far as the petitioners Sangam are concerned as against the members of the first respondent, namely, Mechanised Boat Fishing Development Association, Tuticorin, and particularly against the respondents 8 to 12 therein.
2. Mechanised Boat Fishing Development Association, Tuticorin, through its President, has filed W.P.No. 40864/2002 questioning the order of the Director of Fisheries, Chennai-6/2nd respondent dated 22-5-2002 and the consequential order of the Assistant Director of Fisheries/4th respondent dated 31-10-2002 in so far as it relates to the complement of crew in deep sea fishing vessels are concerned and quash the same and direct the respondents 2 to 4 to issue necessary licence to the deep sea fishing vessels owned by the members of the petitioner Association without insisting upon the complement of crew as stated in the impugned order.
3. Questioning the notification of the Government of Tamil Nadu, Animal Husbandry and Fisheries Department, Chennai-9/first respondent herein in G.O.Ms.No. 166 dated 22-8-95, particularly Clause 2 of the notification in the said Government Order, the very same Association has filed W.P.No. 40865/2002.
4. The same Association has filed W.P.No.40866/2002 questioning G.O.Ms.No.1 dated 05-01-2000 issued by the State of Tamil Nadu, represented by the Secretary, Department of Animal Husbandry and Fisheries Department/first respondent herein in so far as Clause 4 (c) of the said G.O. is concerned deleting Rule 6 (vi) of the Tamil Nadu Marine Fishing Regulation Rules, 1983 and quash the same.
5. Mechanised Board Fishing Development Association has filed W.P.No. 45822/2002 seeking to quash the order of the Assistant Director, Fisheries, Tuticorin/third respondent dated 4-12-2002 issued to the members of the petitioner and consequential letter of the Assistant Director of Fisheries, Tuticorin dated 13-12-2002 to the Manager, Tamil Nadu Fishing Development Corporation, Tuticorin/4th respondent and restrain the respondents 1 to 6 from interfering with the lawful fishing activity of the members of the petitioner as long as they comply with the provisions of the Tamil Nadu Fishing Regulation Act, 1983.
6. Questioning the order of suspension dated 10-1-2003, suspending fishing vessels by the Joint Director of Fisheries, Tuticorin/2nd respondent, the same Association has filed W.P.No. 2066 of 2003.
7. Since Mechanised Boat Fishing Development Association has projected their case in a more detailed manner, I shall narrate their case as found in the affidavit filed in support of W.P.No. 40864/2002.
For convenience, I shall refer the Mechanised Boat Fishing Development Association as "petitioner Association", the Thoothukudi Mavatta Then Paguthi Nattupadagu Kattumara Meenava Samuthaya Sangam as "Kattumara Meenava Samuthaya Sangam" and other Government Officers by referring to their designation. It is stated that there are about 100 members in the Association who are either Deep Sea Fishing Vessel owners or Mechanised Boat owners. The Association is restricting the prayer in W.P.No.40864/2002 only in so far as 69 members who are all owners of Deep Sea Fishing vessels. The vessels of the members of the Association are registered with the State Government and Marine Products Export Development Authority ("MPEDA" in short). The members of the Association are traditional fishermen. With the advent of technology, with great effort, the members of the Association have acquired mechanised boats and deep sea vessels for fishing at an
