CHARLY JOSEPH Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:

(2.) Material facts for the disposal of the writ petition are as follows:

(3.) Petitioner is the President of Kollam District Fishing Boat Operators Association, who is aggrieved by the enhancement of fishing ban contrary to the direction issued by the apex court. Challenging the said action of the Government, this writ petition is filed. According to the petitioner, the said decision was taken without any authority, and also without having any expert study report in the matter. As per the schedule, the fishing ban is for 47 days from 15th June to 31st July, though, in other States, the ban is for 61 days. Therefore, the uniform ban period earlier proposed by the Supreme Court was objected by the State Government by relying on the expert study report. As per the said expert report, during monsoon season, the outflow of fresh rain water to Arabian Sea will reduce the salinity of sea water and during that time, shoal of fish will launch offshore and inshore of State of Kerala, which is a natural process available only in the coastal regions of State of Kerala. So as to exploit the fish resource, trawling is necessary by using fishing boats. It is also submitted that, the fishing ban in the State of Kerala has been fixed from 15th of June to 31st of July, i.e. 47 days, for the last so many years, for the purpose of exploiting the fish resource launching during the initial stage of monsoon. However, the State Government have decided to introduce the ban from 9th June to 31st July, 2018, enlarging 47 days to 54 days unilaterally. These are the background facts projected by the petitioner to secure the reliefs specified above.