SREENIVASA KINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The question is whether there is any provision of law which would justify the insistence that a licence should be taken for prawn fishing in private waters.

(2.) The first petitioner claims to be the owner of a fairly extensive area of about 100 acres and the second petitioner is said to be a licensee of the first petitioner and the two of them have been carrying on prawn fishing in that area. The second petitioner applied for a licence for the year 1968-69 under the Travancore - Cochin Fisheries Act, 1950. The licence has been granted to him but was limited to the 15th January, 1969 as is seen from the endorsement to the receipt for money which has been marked separately as Ext. P2(a). Though representations were made by the second petitioner (Ext. P3), the limitation introduced by Ext. P2(a) has not been altered. So this petition has been filed and the first prayer, apart from claiming to set aside the order Ext. P5 and the notification Ext. P6 passed by the first respondent, the State of Kerala, is to set aside Ext. P2(a) limiting the licence for the year 1968-69 to the 15th January, 1969. We do not think we should deal with this prayer at all as the year 1968-69 is now over and the petitioners cannot derive any benefit for that year. Actually in view of the injunction order passed by this Court the limitation introduced by Ext. P2(a) did not deter the petitioners from carrying on the operations of prawn fishing in the year 1968-69. We therefore do not deal with this prayer at all. The second prayer raises the question as to whether there is justification for introducing any limitations either by gazette notification or by limiting the period of licence as prayed for. Apparently this is sought to be done in view of the provision in S.22 of the Travancore - Cochin Fisheries Act, 1950. Counsel for the respondents has brought to our notice S.5A and 58 of the Cochin Fisheries Act which was repealed by the Travancore - Cochin Fisheries Act, 1950 and the rules framed under that Act as justifying the insistence for a licence and as enabling restrictions being introduced for the period for which the licence was issued. S.22 of the Travancore - Cochin Fisheries Act is in these terms: