Mechanized Boat Owners and v. The Deputy Director of Fisheries (Zonal)

ORDER The petitioner is a Welfare Association of Mechanized Boat Owners at Kottaipattinam Post, Pudukkottai District. It appears that the members of the petitioner Association have violated the provisions of the Tamil Nadu Marine Fishing Regulation Act, 1983, and the Tamil Nadu Marine Fishing Regulation Rules, 2020. A fishing ban was in force for a period of 61 days, from 15.04.2026 to 14.06.2026. Without obtaining the requisite Fishing Permit Sheet under the aforesaid Rules, about 302 mechanized boat owners affiliated with the petitioner Association ventured into the sea for fishing on 14.06.2026. It is, in this background, that the impugned order came to be passed, imposing a penalty of Rs.2,000/- on each of the said boat owners under Section 18(1)(c) of the Tamil Nadu Marine Fishing Regulation Act, 1983. Page No. 2 of 5

¶2The learned Standing Counsel appearing for the respondents submitted that the penalty imposed on the respective mechanized boat owners is minimal considering the nature of the violation committed by them. It was further submitted that, had any untoward incident occurred during the fishing expedition, the fishermen would not have been covered under the insurance scheme, as they had ventured into the sea without obtaining the requisite Fishing Permit Sheet. Therefore, it was contended that the violators should not be permitted to escape the consequences without paying the penalty imposed. According to the learned Standing Counsel, the object of imposing the penalty is to act as a deterrent so as to prevent similar violations in future.

¶3Having considered the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents, and taking note of the fact that the mechanized boat owners who are members of the petitioner Association belong to a marginalized section of society and depend upon fishing for their livelihood, this Court is inclined to modify the penalty imposed on each of them from Rs.2,000/- to Rs.500/-. The modified penalty of Rs.500/- shall be paid by each of the 302 mechanized boat owners. Page No. 3 of 5

¶4It is, however, made clear that if any future violation is noticed, the fishing permit of the concerned violator shall be liable to be cancelled permanently in accordance with law. It is also made clear that in future during the notified ban period, no member of the petitioner Association shall undertake any fishing activity in violation of the provisions of the Tamil Nadu Marine Fishing Regulation Act, 1983, and the Rules made thereunder.

¶5The Writ Petition stands disposed of accordingly. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. NCC : Yes / No

15.07.2026 smn2

To

1.The Deputy Director of Fisheries (Zonal), Trichy.

2.The Assistant Director of Fisheries, Pudukkottai District, Pudukkottai. Page No. 4 of 5 C.SARAVANAN

, J.

smn2

15.07.2026 Page No. 5 of 5

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.18857 of 2026 and W.M.P.(MD)Nos.13948 and 13949 of 2026 Mechanized Boat Owners and Fishermen Welfare Association, (Registration No.89/2015) Kottaipattinam Post, Manamelkudi Taluk, Puddukkottai District, Represented by its President, Asan Mohaideen, S/o.Mohammed, North Street, Kottaipattinam Post, Manmelkudi Taluk, Pudukkottai District. ... Petitioner Vs. 1.The Deputy Director of Fisheries (Zonal), Trichy. 2.The Assistant Director of Fisheries, Pudukkottai District, Pudukkottai. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining the impugned order passed by the first respondent in Theerpanai No.250/Aa/2023 dated 16.06.2026 and quash the same as illegal and consequently, directing the first respondent to conduct fresh Page No. 1 of 5 enquiry by giving reasonable opportunity to the 207 boat owners of the Association of Kottaipattinam. For Petitioner : Mr.P.Jamal Mohamed For Respondents : Mr.R.Parthiban Government Standing Counsel