KANNUPILLAI KETTU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Samajam registered under the Kerala co-operative Societies Act. THE petitioner-Samajam owns 185 acres of land. THE entire extent of land is used for the purpose of prawn fishing. THE petitioner received Exts. P3 and P4 notices whereby amounts were directed to be paid towards the contribution due from the Samajam to Fishermen's Welfare Fund. It is contended that the petitioner is not liable to be assessed under the provisions of the Kerala Fishermen's Welfare Fund Act (for short, the act ). According to the petitioner, eventhough the Samajam is the owner of the land, prawn filtration process is being conducted by persons who take this property on auction. It is contended by the petitioner that the right to conduct the fishing operation in this land is given in auction to various persons and these persons are given amount to the petitioner in accordance with the extent of the land taken by them in auction. THE petitioner alleges that the Samajam is not liable to pay contribution to the Kerala Fishermen's Welfare Fund.

(2.) THE petitioner has challenged the constitutional validity of the various provisions of the Act. But the counsel did not press the said contention in view of the pronouncement of the Supreme Court on this point.

(3.) ACCORDING to the petitioner, prawn filtration is being done by the persons who bid in auction and the petitioner-Samajam has no involvement in such business. It is also argued that the petitioner has not engaged any person, either as fisherman or as worker and they have no direct nexus with these persons and therefore, the petitioner cannot be asked to pay contribution for the welfare of the fishermen.