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The Supreme Court on Monday issued notice on a plea challenging Madras High Court order dismissing the Public Interest Litigation filed by Fisherman Association against Tamil Nadu Government order banning fishing via purse seine nets in toto.

A bench of Justice Indira Banerjee and JK Maheshwari issued a notice in the plea after hearing Senior Advocate G. Rajagopalan appearing for the Fisherman Association.

The petition filed by Fisherman Care Association hailing from the coastal villages of Tamil Nadu through Advocate MP Pathibaran stated that they are dependent on fishing for their livelihood and use traditional boats rather than mechanized boats for that purpose.

In addition to this, the plea further submitted the report of the Technical Committee to review the duration of the ban period conducted in 2014 which had stated that "Considering the quantum of investment in purse seines and the lack of alternate gears to catch small pelagics, a total ban on purse seine may not be economically advisable. Added to this, the two gears are relatively energy efficient, and leave the low carbon foot-print."

However, the High Court had dismissed the petition without considering the provision of Section 5(2) (a) of Tamil Nadu Marine Fishing Regulation Act, 1983 which states that while regulating, restricting or prohibiting fishing in specific areas, there is a need to protect the interest of different sections of persons engaged in fishing, particularly those engaged in fishing using traditional fishing crafts.

While seeking an interim stay on the operation of the Government order, the petitioners have further submitted that "the fishermen are left with only 2 months to venture into fishing using purse seine nets within the 5km radius. It is submitted that all the fishermen have invested huge sums of money, as narrated in the above paragraphs to purchase the purse seine nets, other fishing implements and the fiber boats but they remain idle because of the total ban. It is submitted that, as a consequence, the fishermen and their families are constantly troubled by the bank officials who are trying to attach their property. "

Case Title: Fisherman Care Vs. The Government of India & Ors.