INDIAN TRAWLERS ASSOCIATION COCHIN Vs. DISTRICT COLLECTOR ERNAKULAM

JUDGEMENT

(1.) BY this petition the petitioners seek for the issue of a writ of certiorari or other appropriate order to cancel Exits. P-1 to P-3 proceedings. Ext. P-1 is the Minutes of the conference of the people engaged in fishing held on 28-1-1972 at the revenue Divisional Office. Fort Cochin. Ext. P-2 is a communication from the district Collector, Emakulam to the Secretary, Indian Trawlers Association enclosing the Minutes of the conference for the settlement of dispute between the canoe fishermen and mechanised boat operators held on 3-3-1972 at the collectorate, Emakulam. Ext. P-3 is an order of Government dated 12-7-1972 by which the Government directed that the first two miles from the coast will be reserved for the non-mechanised boats. Fishing operation by mechanised boats in this area was prohibited thereunder.

(2.) THERE are four petitioners in this petition. Petitioner No. 1 is the Indian Trawlers association represented by its Secretary. Petitioners 2, 3 and 4 are persons engaged in the fishing industry and who carry on fishing operations by the use of mechanised boats. By the use of these mechanised boats bottom fishing operations are carried on by the petitioners. There is another method of fishing, viz. , surface fishing. This is generally adapted by country-craft-fishermen according to the traditional methods. According to the petitioners, there is no overlapping between these methods of fishing. By the use of mechanised vessels surface fishing is not possible and bottom fishing is not possible for the country crafts. Again, from the time mechanised vessels were introduced some 10 years back in this area there was no dispute regarding the fishing operations between the country-craft operators and the operators of the mechanised vessels. Recently, there was a depletion of marine catches, both surface and bottom species due to several reasons such as growth of seaweeds, lack of oxygen in water, migration of species, etc. Some disgruntled persons, taking advantage of a slight improvement in the bottom species of fishes began to create trouble and incite the operators of country crafts and made them believe that the operation by mechanised vessels caused surface fishes being driven away by the sound. They were also made to believe that the bottom trawling results in the destruction of the larvae. These country-craft operators made certain representations to the Collectors of the coastal districts. The District Collector. Ernakulam. convened a conference purported to be for the settlement of the dispute between these two groups in the cochin area on 3-3-1972. There was a previous conference on 28-1-1972 convened by the R. D. O. , Fort Cochin, for a similar purpose. In the conference convened by the R. D. O. , in spite of expert opinion, a decision was taken that fishing operations by the canoe fishermen from Kannamaly to Fort Cochin will be conducted within 7 fathoms of the coast. At the conference on 3-3-1972. In spite of expert opinion, it was decided that mechanised boats having a length of 25 feet should be prohibited from fishing within 2 miles and those above 25 feet upto 3 miles from the coast. Further, the Government passed another order on 12th July, 1972, reserving the first two miles from the coast for non-mechanised boats and prohibiting fishing operations by the mechanised boats in this area. These are challenged by the petitioners as unreasonable restrictions on their freedom of fishing which is their main occupation. It is alleged that these proceedings and order violate Article 19 (1) (g) of the Constitution and therefore they seek to quash these proceedings and the order.

(3.) ON behalf of the State it is contended that there was real canflict between these two groups of operators, viz. , those who carry on fishing operation by the use of country craft and those who carry on the operation by the use of mechanised boats. On account of this clash between these two groups disturbance to law and order was caused. Various methods were adopted by the Government to arrive at an amicable settlement between these two groups and for that purpose conferences were held by the R. D. O. , Fort Cochin and the Collector, Ernakulam, on 28-1-1972 and 3-3-1972 respectively. In these conferences the representatives of both the groups attended and a unanimous decision was arrived at the terms of which are incorporated in the minutes of those conferences, copies of which are produced as Exts. P-1 and P-2. As these decisions at the conferences were taken unanimously, it is alleged the petitioners cannot impeach these proceedings under article 226 of the Constitution. As these proceedings were not found to be effective, the matter was taken up at the Government level and after a detailed discussion of the position regarding this conflict between these two groups the government thought that an order must be issued by the Government reserving the first two miles from the coast for the use of country crafts and to prohibit the mechanised boats from carrying on fashing operation from that area. Therefore, on 12-7-1972, Government passed Ext P. 3 order to that effect. It is contended that this order is only by way of regulation of the fishing operation. It does not in any way violate any fundamental rights or any statutory law. It is also contended that there is no fundamental right for fishing. On these grounds the State opposes the writ petition.