The Fishing Boat Operators ... vs The State Of Kerala
2021 Latest Caselaw 21174 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                   THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                             &
                        THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
               WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                                  WP(C) NO. 25462 OF 2020
PETITIONER:

      1        THE FISHING BOAT OPERATORS ASSOCIATION,
               (KOLLAM DISTRICT), SAKTHIKULANGARA, PORT ROAD, KOLLAM, REPRESENTED BY ITS
               PRESIDENT, SRI. CHARLY JOSEPH.

      2        PETER MATHYAS, S.O MATHYAS, RESIDING AT KURUMULATHOPPU,
               SAKTHIKULANGARA P O, KOLLAM, PIN 691 581, THE SECRETARY, FISHING BOAT
               OPERATORS' ASSOCIATION, (KOLLAM DISTRICT), SAKTHIKULANGARA, PORT ROAD,
               KOLLAM.

      3        ANIL JOSEPH, S/O CHARLY JOSEPH, RESIDING AT THOTTATHIL HOUSE,
               SAKTHIKULANGARA P O, KOLLAM, PIN 691 581.

               BY ADVS.O.D.SIVADAS
               SRI.S.SUNIL NARAYANAN

RESPONDENTS:

      1        THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNEMNT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

      2        THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FISHERIES,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

      3        THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LAW, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

      4        UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               MINISTRY OF FISHERIES, KRISHI BHAVAN, NEW DELHI-110 001.

      5        THE SECRETARY TO GOVERNMENT OF INDIA
               MINISTRY OF LAW AND JUSTICE, NEW DELHI-110 001.

               BY ADVS. K.SHRIHARI RAO
               GOVERNMENT PLEADER SRI.RANJITH.K.R,
               STATE ATTORNEY


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.25462 OF 2020
                                           :: 2 ::




                                       JUDGMENT

Dated this the 20th day of October 2021

S.MANIKUMAR, C.J.

Petitioners have filed this Writ Petition challenging the

constitutional validity of the Kerala Fish Auctioning, Marketing and

Maintenance of Quality Ordinance, 2020 (Ordinance No.44 of 2020),

primarily on the ground that it is beyond the legislative competence of

the State of Kerala.

2. Reliefs sought for in this writ petition are as follows:

(a) declare that "Kerala Fish Auctioning, Marketing and Maintenance of Quality Ordinance, 2020" (Ext.P1 produced herein), promulgated by the Government of Kerala is illegal, arbitrary and ultravires to the constitution of India and hence, struck down the same.

(b) declare that the State Government has no power or authority to issue Ext.P1 ordinance for regulate the fishing and realizing commission as per Sec.4 of the Ordinance on the fishery of the petitioners, who are performing the fishing operation beyond the Territorial Waters of the State Government.

(c) call for the records leading to Ext.P1 Ordinance issued by the State Government and quash the same by issuing a writ of certiorari as the same clearly illegal, arbitrary and violate the provisions of Article 213(3) of the Constitution of India.

W.P.(C)NO.25462 OF 2020 :: 3 ::

(d) direct the State to allow the innocent passage of the petitioners vessels and operations of fishing and allied activities including auction of fish without Commission.

3. On this day, when the matter came up for hearing,

Mr.O.D.Sivadas, learned counsel for the petitioners submitted that the

validity of the ordinance in question has lapsed. Learned counsel for

the petitioners further submitted that a fresh ordinance has been

issued by the Government, which shall deem to have come into effect

from 24th September 2021.

In the light of the above developments, prayers sought for in this

writ petition cannot be granted. Writ petition is dismissed.

SD/-

S.MANIKUMAR CHIEF JUSTICE

SD/-

SHAJI P. CHALY JUDGE jes W.P.(C)NO.25462 OF 2020 :: 4 ::

APPENDIX

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDINANCE ISSUED BY THE STATE GOVERNMENT VIDE NOTIFICATION NO.18575/LEG.I1/2018/LAW DATED 23RD SEPTEMBER 2020.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATION OF REGISTRATION ISSUED BY THE GOVERNMENT OF INDIA UNDER THE MERCHANT SHIPPING (REGISTRATION OF INDIAN FISHING BOATS) AMENDMENT RULES 1988 TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATION OF REGISTRATION ISSUED BY THE GOVERNEMNT OF INDIA UNDER THE MERCHANT SHIPPING (REGISTRATION OF INDIAN FISHING BOATS), AMENDMENT RULES 1988 TO THE 3RD PETITIONER.

RESPONDENTS' EXHIBITS:

EXHIBIT R1(a) TRUE COPY OF THE REPORT TITLED "STREAMLINING THE SUPPLY CHAIN OF MARINE FISH IN KERALA: COVID-19 AND BEYOND" PREPARED BY THE CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, COCHIN.

// TRUE COPY //

P.S. TO JUDGE