The Plaintiffs claimed that the Notification of the Dapartment of Agriculture and Cooperatives restricting lighted Anchovy fishing was not in accordance with the resolution of the National Fishery Policy Committee and restricted rights more than necessary, which was in contrary to the Constitution.

The Court determined that the resolution of the Committee assigned each Province to determine restrictions in accordance with its own geographical appropriateness. Therefore, the issurance of the Notification by the Ministry of Agriculture and Cooperations taking into account geographical appropriateness of Krabi was a lawful exercise of discretionary power under the Fisheries Act. The Court further determined that the Notification was in accordance with the policy of the Committee and the Plaintiffs could still fish outside restricted areas or by using unrestricted instruments. Such restrictions were therefore not more than necessary.