Balakrishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN Writ Petition No.12224 of 2015 Balakrishnan ... Petitioner vs.

1.The District Collector Nagapattinam District Nagapattinam 2.The Superintendent of Police Nagapattinam Nagapattinam 3.Nagai Taluka Meenava Grama Kootamaippu (Association of Fishermen Villages of Nagai Taluk) Akkarapettai Nagapattinam - 611 001 Represented by its President ... Respondents Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the first respondent to take legal action against the third respondent and ensure the life and personal liberty and fishing rights of the Fishermen of the Vanagiri Village.

For Petitioner : Mr.R.Silambarasan For Respondents 1 & 2 : Mr.Durai Solaimalai Additional Govt. Pleader

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner claims that he is a fisherman belongs to Vanagiri Village and there are 5000 fishermen residing in the said village. The petitioner would submit that there was a dispute https://hcservices.ecourts.gov.in/hcservices/

between the residence of Vanagiri Village and Tharangambadi Village regarding the fishing area and fishing net and in this regard, the fishermen from Tharangambadi village made a complaint against the petitioner and on the basis of the complaint, the fishing rights of the petitioner have been curtailed. In this regard, he has submitted a representation dated 13.04.2015 to the first respondent and since he has not been favoured with any kind of response, he came forward to file this writ petition.

3. Heard the submissions of Mr.R.Silambarasan, learned counsel appearing for the petitioner and Mr.Durai Solaimalai, learned Additional Government Pleader, who accepts notice for respondents 1 and 2.

4. This Court, without going into the merits of the case, directs the first respondent to consider and dispose of the complaint dated 13.04.2015 submitted by the petitioner, after affording an opportunity of personal hearing to the petitioner as well as to the third respondent and pass orders within a period of two weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner as well as to the third respondent.

5. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gpa To

1. The District Collector Nagapattinam District Nagapattinam

2. The Superintendent of Police Nagapattinam, Nagapattinam 1 cc to mr.R. Silambarasan, Advocate, sR. 22566 1 cc to Government Pleader, Sr. 22997 Writ Petition No.12224 of 2015 KJI (CO) kk 7/5 https://hcservices.ecourts.gov.in/hcservices/