THOMAS.T.T Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioners are owners of Houseboats which are used in the Back Waters of Kerala for carrying tourists. The boats have been licensed under the provisions of the Canals and Public Ferries Act. The Government of Kerala has framed Rules under the Inland Vessels Act (Central Act 1 of 1917) and has published the same in the Gazette Extra ordinary No.1055, however, the Rules are not brought into force.

(3.) According to the petitioners, the Rules are provided for Sea-going Vessels of a large size with a big hull and the stipulations are designed to meet the specifications of large boats going to the Sea. It is also submitted that, while the petitioners have absolutely no objection to the registration of Vessels or inspection of safety, some of the Rules have the effect of crippling tourism boat industry as a whole, particularly in backwaters, as many of the Rules are impractical, unworkable and costly. It is thus seeking to declare the Rules unconstitutional, this writ petition is filed.