Cochin Traditional Fishermen Association v. Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WP(C).No. 14598 of 2015 (S) ------------------------------------------ PETITIONER(S) :
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1. COCHIN TRADITIONAL FISHERMEN ASSOCIATION, REPRESENTED BY ITS SECRETARY, DILEEP SUBRAMANYAM, PALLURUTHY, KOCHI-682 006.
2. C.J.KUNJUKUNJU, PRESIDENT, COCHIN TRADITIONAL FISHERMEN ASSOCIATION, CHAKKALAKAL HOUSE, EAST MUNDAMVELI, KOCHI-682 005. BY ADV. SRI.A.G.BASIL RESPONDENT(S) :
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1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING & FISHERIES, MINISTRY OF AGRICULTURE, KRISHI BHAVAN, NEW DELHI-110 001.
2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY ADV. SRI.JAGADEESH LAKSHMAN, CGC R2 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 14598 of 2015 (S) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :
---------------------------------------- EXHIBIT P1:
TRUE COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DATED 10-04-2015.
EXHIBIT P2:
TRUE COPY OF REPRESENTATION FORWARDER BY THE PETITIONERS' ASSOCIATION TO 1ST RESPONDENT DATED 20-04-2015.
EXHIBIT P3:
TRUE COPY OF LIST ISSUED BY THE 1ST RESPONDENT ALONG WITH EXHIBIT P1.
EXHIBIT P4:
TRUE COPY OF PAPER REPORT APPEARED IN HINDU DAILY DATED MAY 1, 2015.
RESPONDENT(S)' EXHIBITS :
------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
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ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.14598 of 2015 ---------------------------------------- Dated this the 15th day of July 2015
J U D G M E N T
Shaffique, J This writ petition is filed seeking to quash Ext.P1 Government Order dated 10/04/2015.
2.
Statement has been filed on behalf of the Central Government producing Ext.R1(b) order dated 03/06/2015 which reads as under:
"O R D E R Reference is invited to this Department's Order of even number dated 10th April, 2015 issued to impose a uniform ban on fishing by all fishing vessels in the Indian Exclusive Economic Zone (EEZ) beyond territorial waters on the East Coast including Andaman & Nicobar Islands from 15th April to 14th June 2015 and on the West Coast including Lakshdweep Islands from 1st June to 31st July 2015 for conservation and effective management of fishery resources and also for sea safety reasons.
It has been decided with the approval of the competent authority that the traditional non-motorised
units will be exempted from uniform fishing ban imposed in the Indian EEZ beyond territorial waters." 3.
The learned counsel for the petitioners submits that they are satisfied with the present order dated 03/06/2015 of the Ministry of Agriculture (Department of Animal Husbandry, Dairying & Fisheries) at Ext.R1(b).
Under such circumstances, we do not think it necessary to go into the merits of the contentions raised in the writ petition. Accordingly, taking on record the aforesaid submission of the learned counsel for the petitioners, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr