JOSEPH ANTONY Vs. STATE

JUDGEMENT

(1.) The petitioner owns a fishing vessel equipped with purse-seine nets. He challenges Exts. P1, P2 and P3 notifications principally on the ground that they impose an unreasonable restriction on the fundamental right guaranteed under Art.19(1)(g) of the Constitution. The challenge is now pressed only as against Exts. P1 and P2. Ext. P3 specifying the area under S.2(h) of the Kerala Marine Fishing Regulation Act, 1980 (Act 10 of 1981) (the ''Act") is innocuous in so far as it has not been followed by a. notification under S.4 imposing fishing regulations. Exts. P1 and P2 are G.O. (P) 136/84/PW. F & PD dt. 30-11-1984 and G.O. (P) 138/84/PW. F & PD dt. 30-11-1984 issued respectively under S.2(h) and S.4(1)(d) of the Act. Notifications almost identical in scope to Exts. P1 and P2, namely, G.O.Ms. 143/80/F & PD dt. 29-11-1980 and G.O.Ms. 144/80/F & PD dt. 29-11-1380 had been challenged in O.P. Nos. 2243 of 1983 and 5344 of 1984. Those notifications were struck down by a Division Bench of this Court in Babu Joseph v. State of Kerala, ILR 1985 (1) Ker. 402 on the ground that they represented an arbitrary exercise of power under the Act and imposed restrictions on the fundamental rights of the petitioners. The validity of the Act, though challenged, was upheld by this Court. However, striking down the notifications, this Court stated :

(2.) The prohibition imposed by Ext. P2 is avowedly for the accomplishment of the objects stated in Clause.(a) and (c) of S.4(2), namely, (1) to protect the interests of the persons engaged in fishing using traditional fishing craft such as catamarans, country craft and canoes in the area specified in the sea , along the entire coast line of the State, but not beyond the territorial waters; and (2) the need to preserve law and order in the territorial sea. Purportedly having regard to these objects, and in exercise of the power under S.4(1)(d), the use of purse-seine, ring seine pelagic trawl and mid water trawl gears for fishing in the territorial sea is prohibited by Ext. P2.

(3.) The notifications struck down by this Court in Babu Joseph (ILR 1985 (1) Ker. 402) were issued with reference to S.4(2)(a) and (b), i.e. to protect the interest of fishermen using traditional fishing craft, and, to conserve fish and to regulate fishing on a scientific basis. The present notifications have no reference to Clause.(b), but only to Clause.(a) and (c) of S.4(2).