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Supreme Court - Daily Orders

The Assistant Director Of Fisheries Cum ... vs Deep Sea Mechanised Boat Fishing ... on 10 August, 2018

Bench: S.A. Bobde, L. Nageswara Rao

                                            1

     ITEM NO.40                    COURT NO.6                   SECTION XII
                         S U P R E M E C O U R T O F        I N D I A
                                 RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)           No.15759/2018

     (Arising out of impugned final judgment and order dated 07-06-2018
     in WMP (MD) No.9536/2018 in W.P.(MD) No.5840 of 2018 passed by the
     High Court Of Judicature At Madras At Madurai)

     THE ASSISTANT DIRECTOR OF FISHERIES CUM AUTHORISED
     OFFICER FISHING HARBOUR MANAGEMENT WING & ORS.               Petitioner(s)

                                           VERSUS

     DEEP SEA MECHANISED BOAT FISHING DEVELOPMENT
     ASSOCIATION & ORS.                                             Respondent(s)

     (With appln.(s) for exemption from filing c/c of the impugned
     judgment and for exemption from filing O.T. and for permission to
     file additional documents/facts)

     WITH SLP(C) Nos.19340-19341/2018 (XII)
     (With appln.(s) for permission to file lengthy list of dates)

     Date : 10-08-2018 These matters were called on for hearing today.
     CORAM :
              HON'BLE MR. JUSTICE S.A. BOBDE
              HON'BLE MR. JUSTICE L. NAGESWARA RAO

     For Petitioner(s)       Mr.   V. Prabhakar, Adv.
                             Mr.   S. Rajappa, AOR
                             Ms.   Joyti Prasher, Adv.
                             Mr.   N.J. Ramchandar, Adv.
                             Mr.   Jerome Thatheus, Adv.

                             Mr. Vinodh Kanna B., AOR
                             Mr. A. Sriram, Adv.

     For Respondent(s)       Mr.   Kapil Sibal, Sr. Adv.
                             Mr.   Amit Anand Tiwari, AOR
                             Ms.   Shakun Sharma, Adv.
                             Ms.   Anusha Nagrajan, Adv.
                             Ms.   Mary Mitzy, Adv.

                             Mr. Aman Lekhi, ASG
Signature Not Verified
                             Mr. P.K. Mullick, Adv.
                             Mrs. Uttara Babbar, Adv.
Digitally signed by
SANJAY KUMAR
Date: 2018.08.13
15:30:26 IST
Reason:                      Ms. Bhavana Duhoon, Adv.
                             Mr. Gurmeet Singh Makker, AOR
                                     2

         UPON hearing the counsel the Court made the following
                            O R D E R

We do not consider it appropriate to decide the issue involved in these special leave petitions at this stage particularly when the same arises out of an interim impugned order passed by the High Court.

Having heard learned counsel appearing for the parties, we consider it appropriate to direct that the arrangement made by the High Court shall continue in force till the final decision of the High Court in the pending writ petition.

We order accordingly.

The High Court is requested to dispose of the matter as expeditiously as possible preferably not later than six months from today.

The State of Tamil Nadu may issue provisional certificate, the validity of which will be subject to the final result of the writ petition pending before the High Court.

The State of Tamil Nadu is given liberty to regulate the fishing condition including hours, time, area, etc., to prevent clash between the small boats and the bigger boats. It is also given liberty to make an application for protection and monitoring by the Coast Guard before the High Court.

With the aforesaid directions, these special leave petitions are disposed of.

Pending interlocutory applications, if any, stand disposed of.




(SANJAY KUMAR-II)                                (INDU KUMARI POKHRIYAL)
COURT MASTER (SH)                                  ASSISTANT REGISTRAR