Chennai, Mar 1 (UNI) The Madras High Court today allowed an appeal against the ruling of a single judge, dismissing a petition challenging an order to collect penalty from 77 fishermen and if the same was not paid, they shall not be issued permit for fishing allegedly beyond the International Boundary Line (IBL).
A division bench comprising Justices P Sathasivam and N Paul Vasanthakumar, which allowed the appeal filed by Rameswaram Port Visai Padagu (mechanised boat) Meenavar Sangam, however, made it clear that if the Assistant Director of Fisheries (Sea Wealth), Rameswaram, has reasons that the 77 fishermen have violated any of the provisions under the Act and rules/notifications issued, he could proceed against them in accordance with the provisions contained under the Tamil Nadu Marine and Fishing Regulation Act and pass fresh orders.
According to the appellant, the state government issued notifications and instructions and also fixed penalties/suspension or cancellation of permit.
Penalties were imposed on the fishermen and fishing boats which crossed the IBL, carrying excess quantity of fuel and contrabands and those engaged in carrying refugees or indulging in other illegal activities while the fishermen, who unintentionally violated the IBL will not be harassed penalised.
While so, by an order on November 23, 2002, the Assistant Director of Fisheries directed the Sangam to collect penalty from 77 members and if the same was not paid they shall not be issued permit for fishing. Against this, the appellant filed the appeal, which was rejected by the Deputy Director of Fisheries, Madurai.
Challenging the order, a writ petition was filed, which was also dismissed by a single-Judge on December 19, 2002.
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A division bench comprising Justices P Sathasivam and N Paul Vasanthakumar, which allowed the appeal filed by Rameswaram Port Visai Padagu (mechanised boat) Meenavar Sangam, however, made it clear that if the Assistant Director of Fisheries (Sea Wealth), Rameswaram, has reasons that the 77 fishermen have violated any of the provisions under the Act and rules/notifications issued, he could proceed against them in accordance with the provisions contained under the Tamil Nadu Marine and Fishing Regulation Act and pass fresh orders.
According to the appellant, the state government issued notifications and instructions and also fixed penalties/suspension or cancellation of permit.
Penalties were imposed on the fishermen and fishing boats which crossed the IBL, carrying excess quantity of fuel and contrabands and those engaged in carrying refugees or indulging in other illegal activities while the fishermen, who unintentionally violated the IBL will not be harassed penalised.
While so, by an order on November 23, 2002, the Assistant Director of Fisheries directed the Sangam to collect penalty from 77 members and if the same was not paid they shall not be issued permit for fishing. Against this, the appellant filed the appeal, which was rejected by the Deputy Director of Fisheries, Madurai.
Challenging the order, a writ petition was filed, which was also dismissed by a single-Judge on December 19, 2002.
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