IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND AUGUST 2007 / 11TH SRAVANA 1929 WP(C).No. 21772 of 2007(P) ------------------------------------ PETITIONER: ----------------- KERALA SWATHANTHRA MALSYA THOZHILALI FEDERATION, REPRESENTED BY ITS PRESIDENT LAL KOILPARAMBIL, RESIDING AT KOILPARAMBIL, ARTHUNGAL P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SRI.THOMSTINE K.AUGUSTINE RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, KERALA. 2. STATE FISHERIES RESOURCES MANAGEMENT SOCIETY, GOVERNMENT OF KERALA, T.C.28/2817, KUTHIRAVATTOM LINE, CHETTIKULANGARA, THIRUVANANTHAPURAM - 1, REPRESENTED BY ITS EXECUTIVE DIRECTOR. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.21772/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE ORDER IN W.P.(C)NO.393/05 DATED 17.7.06 ISSUED BY THE SUPREME COURT OF INDIA. EXT.P2: PHOTOCOPY OF THE I.A.IN W.P.(C)NO.393/05 AND THE AFFIDAVIT WITHOUT ITS ANNEXURES FILED BY GOA ENVIRONMENT FEDERATION BEFORE THE SUPREME COURT OF INDIA DATED 24.7.06. EXT.P3: PHOTOCOPY OF THE ORDER NO.30035/15/97-Fy(T-1)VOL.III DATED 10.4.07 ISSUED BY THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF THE ORDER IN I.A.NOS.3,4,5,7-9 IN W.P.(C)NO.393/05 DATED 17.5.07 ISSUED BY THE SUPREME COURT OF INDIA. EXT.P5: PHOTOCOPY OF THE G.O.(P)NO.22/2007/F&PD DATED 14.6.07. EXT.P6: PHOTOCOPY OF THE KERALA MONSOON FISHERY (PELAGIC) PROTECTION ACT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ---------------------------------- W.P.(C)NO. 21772 OF 2007 -------------------------------------- DATED THIS THE 2nd DAY OF AUGUST, 2007 JUDGMENT The petitioner claims to be an association of traditional fishermen. They have filed this writ petition for a declaration to the effect that Ext.P6, the Kerala Mansoon Fishery (Pelagic) Protection Act, 2007 would not authorize the use of mechanized boat having capacity beyond 10BHP horse power, during the period of ban on trawling, to over ride Exts.P1 and P4 direction of the Supreme Court. Now that the period of ban is over by 31st July, 2007, it is not necessary to consider this question now. In the above circumstance, without prejudice to the contentions of the petitioner, this writ petition is closed. S. SIRI JAGAN, JUDGE Acd