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Madras High CourtWP/12460/2017disposed of

Sigabudullamanai Fisherman v. The Commissioner Of Fisheries,

2017-05-10Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.05.2017

CORAM

THE HON'BLE Mr. JUSTICE K. KALYANASUNDARAM W.P.No.12460 of 2017 Sigabudullamanai Fisherman Cooperative Society Limited, Pudhukamaraj Nagar, Royapuram, Chennai 600 013 and represented by its President Mr. Pradhaban, s/o. Chandran, Hindu aged about 47 years.

...Petitioner

Versus

1. The Commissioner of Fisheries, DMS Campus, Chennai - 600 006.

2. The Joint Director of Fisheries, DMS Campus, Chennai - 600 006.

3. The Deputy Director of Fisheries, DMS Campus, Chennai - 600 006.

4. The Assistant Director of Fisheries (Marine), No. 249, Sooriya Narayana Chetty Street, Royapuram, Chennai 600 013

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the fourth respondent to consider the representation of the petitioner, dated 13.04.2017 and handover the application forms under the 2017-2018 Tamilnadu Savings and Relief Scheme for Marine Fisherman for relief of Rs. 4500/- for distribution to its members.

For Petitioner : Mr. V. Raghavachari For Respondents : Mr. A.N.Thambidurai, Special Government Pleader

ORDER

By consent of the learned counsel appearing for both sides, the main Writ Petition itself is taken up for final disposal at the time of admission.

2.

The petitioner has come up with the present Writ Petition for issue of a writ, in the nature of mandamus, directing the fourth respondent to consider the representation, dated 13.04.2017, and handover the application forms under the 2017-2018 Tamil Nadu Savings and Relief Scheme for Marine Fisherman for relief of Rs.4500/- for distribution to its members.

3.

The grievance of the petitioner is that, despite repeated representations dated 13.04.2017, 29.04.2017 and the legal notice dated 24.04.2017, the fourth respondent has not furnished the application Form, so as to enable the petitioner to obtain the relief granted to the fisherman for the lean period during 2017-2018.

4.

Heard Mr. V. Raghavachari, the learned counsel appearing for the petitioner, and Mr. A.N. Thambidurai, the learned Special Government Pleader, who accepts notice on behalf of the respondents.

5. Considering the limited scope of the prayer, sought for by the petitioner, in the Writ Petition, this Court, without going into the merits of the contentions expressed by the petitioner, either in the representations or in the Writ Petition, directs the fourth respondent to consider the representations of the petitioner, dated 13.04.2017 and 29.04.2017, on merits and in accordance with law and pass orders within a period of four weeks from the date of receipt of a copy of this order, and communicate the decision taken to the petitioner.

6.

With the above direction, the Writ Petition is disposed of. No costs.

-s/d- Assistant Registrar/VO True Copy Sub-Assistant Registrar

To

1. The Commissioner of Fisheries, DMS Campus, Chennai - 600 006.

2. The Joint Director of Fisheries, DMS Campus, Chennai - 600 006.

3. The Deputy Director of Fisheries, DMS Campus, Chennai - 600 006.

4. The Assistant Director of Fisheries (Marine), No. 249, Sooriya Narayana Chetty Street, Royapuram, Chennai - 600 013.

+2 CC to Mr.V. Raghavachari, sr 37163 W.P.No.12460 of 2017 NRI(CO) sp/11/5