INDIAN TRAWELERS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an appeal against the judgment of a learned single Judge in O. P. No. 7787 of 1988. The Original Petition was disposed of along with a batch of cases. Petitioners in the Original Petition are Indian Trawlers Association, represented by the Secretary and one Benny, owner of a fishing vessel.

(2.) BEFORE the learned single Judge, all counsel agreed that the question to be considered in all the writ petitions is the constitutional validity of the Kerala Fishermen's Welfare Fund Act, 1985 (for short 'the Act'), particularly Section 4 of the Act. Section 4 of the Act is the pivotal provision in the Act and if that provision is declared unconstitutional, the other provisions of the Act, which are intrinsically integrated with Section 4 of the Act, cannot survive. The learned single Judge found that the provisions of the Act are valid and constitutional.

(3.) WHEN the appeal came up for admission, we directed notice to be issued to the respondents to show cause why the appeal should not be admitted. We heard counsel on both sides.