FISHERMAN CARE Vs. GOVERNMENT OF INDIA DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND FISHERIES

JUDGEMENT

(1.) I.A. No. 190882/2024 in Writ Petition (C) No. 262 of 2022 : The issue under consideration relates to the right of fishermen using purse seine nets to access the Exclusive Economic Zones ["EEZ"] beyond the territorial waters of the State of Tamil Nadu. By this judgment and order, we are disposing of the I.A. No. 190882/2024 in Writ Petition (C) No. 262 of 2022. We are of the opinion that this judgment sufficiently encompasses the batch of the Special Leave Petition as well as the Writ Petitions pending before this Court [SLP (C) No. 8442/2021, W.P. (C) Nos. 262/2022, 710/2022, 1039/2022 and 549/2023].

(2.) The short facts necessary for our determination are as follows. In 1983, the State of Tamil Nadu exercising its legislative mandate under List II Entry 21 of the Seventh Schedule of the Constitution of India enacted the Tamil Nadu Marine Fishing Regulation Act, 1983 ["1983 Act"]. Provisions of this Act that are relevant for our purpose are; Sec. 3(k) defining "specified area" as an area in the sea along the coastline of the State, but not beyond territorial waters, Sec. 5 empowering the State Government to issue notifications to regulate, restrict, or prohibit fishing activities in the specified area and Sec. 7 requiring the owner of any fishing vessel to apply to an authorized officer for a license to fish in specified area.

(3.) In exercise of the powers under the Act, State of Tamil Nadu issued G.O. MS No. 40 dtd. 25/3/2000 (hereinafter referred to as the impugned G.O) through the Department of Animal Husbandry, Dairying and Fisheries prohibiting fishing using purse seine nets within the territorial waters for the purposes of conservation of juvenile fishing stock. The impugned G.O. reads as follows: