High Court · 2025

WP.No.16994 of 2025In the High Court of Judicature at MadrasDated : 02.6.2025Coram :The Honourable Mr.Justice N.ANAND VENKATESHWrit Petition No.16994 of 2025Thazhankuppam MeenavaPothunala Sangam, rep.by itsExecutive Committee MemberR.Arumugam...PetitionerVs1.The Secretary to Government, Department of Animal Husbandry, Dairying & Fisheries, Secretariat, Chennai-9.2.The Director of Fisheries, III Floor, Integrated Animal Husbandry & Fisheries Building, Nandanam, Chennai-35.3.The Commissioner of Fisheries, Government of Tamil Nadu, ADMIN Building, Teynampet, Chennai-6.4.The District Collector, Chennai District, Chennai....RespondentsPETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to 1/8 https://www.mhc.tn.gov.in/judis WP.No.16994 of 2025ensure not to use the purse seine net for fishing and to take action against persons, who are involved in fishing with purse seine net as a measure to conserve areas of fishery.For Petitioner : Mr.M.Vijayamehanath for Mr.R.SenthilnathanFor Respondents:Ms.P.Aishwarya, GAORDERMs.P.Aishwarya, learned Government Advocate accepts notice for the respondents. Heard both.2. This writ petition has been filed seeking a direction to the respondents to ensure prohibiting to usage of the purse seine net for fishing and to take action against the persons, who are involved in the said process in order to conserve the areas of fishery. 3. This writ petition has been filed by the Executive Committee Member of the petitioner sangam, which has been formed for the welfare of the fishermen community. According to the petitioner, the purse seine net virtually destroys the entire system and a registered association approached the Hon'ble Supreme Court in this regard 2/8 https://www.mhc.tn.gov.in/judis WP.No.16994 of 2025wherein certain directions were issued. The grievance of the petitioner is that in spite of the directions issued by the Hon'ble Supreme Court, the usage of purse seine net is continuing and that no action has been taken against the persons, who are involved in the same. 4. The learned counsel appearing on behalf of the petitioner has relied upon the order of the Hon'ble Supreme Court in the case of Fisherman Care Vs. Union of India [reported in 2023 (8) SCC 448]. 5. The question that was involved in the said case is as to whether the ban of purse seine net imposed by the State Government within its territorial waters is justified. The Hon'ble Supreme Court, in paragraph 13 of the order, held as follows :"13. After hearing both the sides at some length, we are of a prima facie opinion, that interest of all parties need to be protected. Hence, we propose to pass a restricted interim order, allowing the Purse Seine Fishing beyond the territorial waters of Tamil Nadu, but within the Exclusive Economic Zone, with certain conditions. These conditions are as follows: 3/8 https://www.mhc.tn.gov.in/judis WP.No.16994 of 2025i) Only registered fishing vessel, as on date, will be given permission i.e. a fishing vessel registered under Section 11 of the Marine Products Export Development Authority Act, 1972 (Central Act 13 of 1972) as well as registered with the State Government under its Rules or Regulations, presently in force in the State of Tamil Nadu. ii) The Fisheries Department will give permission to such boats only, which are installed with an approved Vessel Tracking System (VTS), which shall be kept running during the operating time of vessels. iii) These vessels will be allowed to operate only twice a week i.e., on Monday and Thursday of each week with the other restrictions of non?fishing period applying as is applicable to all other fishing activity. iv) The vessels which will be given this permission shall leave the coastline on or after 8 AM and shall return to the designated place positively by 6 PM on the same day. v) It shall be mandatory for all the sailors to keep their biometric card/photo ID with them. vi) It shall be mandatory to provide the code of the VTS to the Fisheries Department, Marine Police, Coast Guard and the Indian Navy. vii) Fisheries Department of the State shall also give a colour code to these Purse Seine Fishing Boats for the above purposes.4/8 https://www.mhc.tn.gov.in/judis WP.No.16994 of 2025viii) The Registration Number of these vessels shall be prominently displayed on the boat. In order to ensure that the vessels have fished only outside the territorial waters of the State, the tracking data of each vessel for each of its trips shall be submitted the same day to the concerned Assistant Commissioner, Fisheries, or such other designated officer, after the vessels reach ashore. ix) These boats shall be allowed to land/dock only at one or more than one designated centre, which will be earmarked by the Fisheries Department. x) The State Fisheries Department shall display on its website the permission granted by it for this kind of fishing i.e. Purse Seine Fishing to such individuals/companies as the case might be and the registration number of each of the vessels."6. The learned Government Advocate appearing for the respondents submitted a status report (as on 30.5.2025) on behalf of the third respondent wherein the stand taken is extracted as hereunder :5/8 https://www.mhc.tn.gov.in/judis WP.No.16994 of 2025".....5. It is submitted that clear instructions have been issued to all local fishing communities prohibiting the use of any banned fishing gear, including purse seine nets. Awareness has also been raised within the communities regarding the legal and ecological consequences of non compliance.6. It is submitted to state that joint patrolling operations were conducted in collaboration with Forest and line Departments covering the coastal stretch from Ennore to Thiruvanmiyurkuppam. During the course of these joint patrolling operations, no instances of fishing using purse seine nets were reported.7. It is humbly submitted that continued monitoring action will be taken on the use of prohibited fishing methods and shall take stringent action against any violations in the future as per Tamil Nadu Marine Fisheries Regulation (TNMFR) Act, 1983."7. It is evident from the above that already, clear instructions have been given to all the local fishing communities prohibiting the use of purse seine nets and that a joint patrolling is also conducted to ensure that action is taken against the persons, who use such banned 6/8 https://www.mhc.tn.gov.in/judis WP.No.16994 of 2025fishing gears. In the light of the above, the grievance expressed by the petitioner is sufficiently redressed.8. Recording the above stand taken on behalf of the third respondent, the writ petition is disposed of. No costs.02.6.2025To1.The Secretary to Government, Department of Animal Husbandry, Dairying & Fisheries, Secretariat, Chennai-9.2.The Director of Fisheries, III Floor, Integrated Animal Husbandry & Fisheries Building, Nandanam, Chennai-35.3.The Commissioner of Fisheries, Government of Tamil Nadu, ADMIN Building, Teynampet, Chennai-6.4.The District Collector, Chennai District, Chennai.RS7/8 https://www.mhc.tn.gov.in/judis WP.No.16994 of 2025N.ANAND VENKATESH,JRSW.P.No.16994 of 202502.6.20258/8