M.G.SANTHANARAJ Vs. SECRETARY

JUDGEMENT

(1.) This Public Interest Litigation has been filed for quashing notification in G.O.Ms.No.40, Animal Husbandry and Fisheries (FS.V) Department, dated 25.03.2000 issued by the Department of Fishing. The said notification reads as under.

(2.) The petitioner is a fisherman and the President of Rasapet Village Administration. According to him, the notification affects the livelihood of a number of fishermen. The petitioner would submit that about 40 to 50 people depends on one big fishing vessel / boat and about 20 to 30 people survive upon small fishing vessel / boat. The petitioner would contend that each boat consists of 50 to 180 nets for fishing, whereas bigger fishing vessel use 230 nets. The petitioner would submit that banning fishing with purse-seine nets would affect the catch. According to him, there is no rationale in imposing such a ban and this ban results in diversifying fishing methods, such as trawling, trolling line, gill netting, pot fishing etc.

(3.) This issue regarding banning of purse-seine nets came up in the Hon'ble Supreme Court of India in State of Kerala Vs. Joseph Antony, reported in 1994 (1) SCC 301, wherein the Hon'ble Supreme Court had an occasion to consider the effect of purse seine nets. It was therefore argued before the Hon'ble Supreme Court that using of these nets has let to increase in the total production of fish and thereby benefiting the consumers by abundant supply of fish and reduction in their price. However, the Hon'ble Supreme Court repelled this contention and observed as under.