K. K. PUSHKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These Original Petitions are filed by owners of fishing vessels having a length of 13.50 metres (45 feet), but with an engine having 118 BHP. The original fishing vessels of the petitioners have been modified in accordance with the scheme which is developed by the Marine Products Export Development Authority, which is a statutory authority constituted under the Marine Products Export Development Authority Act, 1972, The fishing vessels are registered with the Marine Products Export Development Authority which has issued a certificate of registration, Ext. P1, in which it is stated that the vessels shall not be permitted to operate in the territorial waters of Kerala. The Marine Products Export Development Authority has filed an affidavit in these Petitions in which it is stated, inter alia, that in order to increase fish production for the purpose of export, it was found that some of the small mechanised boats were a amenable to modification for deep sea fishing. As the Authority felt that such modification would ensure increase in fish production, reduce fishing pressure in the O-9 M. depth zones, save fuel consumed in steam to fishing grounds and result in increased fishing efforts beyond 50 M. depth Zones, it was necessary to have a scheme for modification of such small mechanised fishing vessels to enable them to ply beyond territorial waters upto a depth of 50 to 70 metres. It formulated and implemented a pilot scheme. It has also a scheme for financing the cost of such modification. Pursuant to the said scheme, the vessels of the petitioners have bean modified by the Marine Products Export Development Authority. Learned advocate for the said Authority has, however, clarified its position by stating that the said Authority can vouch for the capacity and efficacy of the modified fishing vessels. It is not concerned with the safety requirements.

(2.) The Government of Kerala by a notification bearing S. R. O. No. 850/94 dated 18-6-1994 has, in exercise of powers conferred by S.4 of the Kerala Marine Fishing Regulation Act, 1980 read with R.3 of the Kerala Marine Fishing Regulation Rules, 1980, restricted the use of fishing vessels going for fishing beyond the territorial waters by imposing the following pre requisites:

(3.) It is the contention of the petitioners that the terms and conditions of these notifications are not reasonable, and that these notifications constitute an unreasonable restriction on their right to carry on their business. The petitioners contend that their fishing vessels, though they do not comply with the requirements of the notification of 18-6-1994, are nevertheless capable of plying beyond the territorial waters for the purpose of deep sea fishing during the monsoon season and hence they should have been exempted from the operation of this notification. It is an accepted position on all sides that the ban in the notification of 18-6-1994 operates only during the period specified in the notification of 4-6-1994, i. e., upto 29th July, 1994.