Madras High CourtWP/35182/2014disposed of

Thangarasu, v. The Inspector Of Fisheries

2017-07-17Honourable Mr Justice D. Krishnakumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2017

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNA KUMAR and W.P.No.6269 of 2015

1. Thangarasu

2. Gunasekaran

3. Neducheliyan

4. Elagovan

5. Vedamoorthy

6. Sathiyamoorthy

7. Vinyagamoorthy

8. Elacheran

9. Senthilkumar

10. Balakrishnan

11. Rajendiran

12. Murugesan

13. Sivasakthi

14. Paneerselvam

15. V. Senthilkumar

16. P. Baskar

17. V. Kalidoss

18. Balasundar

19. J. Anbalagan

20. Kannan

21. Sakthivel

22. Murugaiyan

23. Sellappan

24. Selvarasan

25. Kathirvel

26. Chellapandiyan

27. Duraisamy

28. Tamilselvam

29. Selvarasu

30. Tamilrasan

31. Kumar

32. Muniyappan

33. Subramaniyan

34. Chandrasekaran

35. Asaithambi

36. Puniyanathan

37. Viswanathan

38. Subramaniyan

39. Balakrishnan

40. Selvarasu

41. Anbalagan

42. Balasubramaniyan

43. Muthuvel

44. Marriyappan

45. Vedaiyan

46. Selvarathinam

47. Krishnamoorthy

48. Mathiyalagan

49. Veedamoorthy

50. Mahindren ... Petitioners in Sivasankaran ... Petitioner in /W.P.No.6269 of 2015 v.

1. The Inspector of Fisheries Department, Office of the Inspector of Fisheries, Vedaranyam, Nagapattinam District.

2. The Assistant Director of Fisheries Department, Office of the Assistant Director of Fisheries, (Marine) Nagapattinam, Nagapattinam Dist.

3. The Joint Director of Fisheries Department, Office of the Joint Director of the Fisheries Department, Nagapattinam, Nagapattinam Dist.

4. The Assistant Commissioner of Anti Liquid, Office of the Assistant Commissioner, District Collector Office, Nagapattinam - 611 003.

5. The Director of Fisheries Department, Office of the Director of the Fisheries Department, DMS Building, Chennai - 600 006.

6. The District Collector, Office of the District Collector, Nagapattinam, Nagapattinam Dist.

7. The President, Marine Fisher Co-operative Society, Z-299, Naluvedhapathi, Marine Fisher Co-operative Society, Vedaranyam (TK), Nagapattinam Dist. ... Respondents in W.P.No.35182 of 2014/ Respondents 1 to 7 in W.P. No. 6269 /2015

8. Thangarasu

9. Gunasekaran

10. Neducheliyan

11. Elagovan

12. Vedamoorthy

13. Sathiyamoorthy

14. Vinyagamoorthy

15. Elacheran

16. Senthilkumar

17. Balakrishnan

18. Rajendiran

19. Murugesan

20. Sivasakthi

21. Paneerselvam

22. V. Senthilkumar

23. P. Baskar

24. V. Kalidoss

25. Balasundar

26. J. Anbalagan

27. Kannan

28. Sakthivel

29. Murugaiyan

30. Sellappan

31. Selvarasan

32. Kathirvel

33. Chellapandiyan

34. Duraisamy

35. Tamilselvam

36. Selvarasu

37. Tamilarasan

38. Kumar

39. Muniyappan

40. Subramaniyan

41. Chandrasekaran

42. Asaithambi

43. Puniyanathan

44. Viswanathan

45. Subramaniyan

46. Balakrishnan

47. Selvarasu

48. Anbalagan

49. Balasubramaniyan

50. Muthuvel

51. Marriyappan

52. Vedaiyan

53. Selvarathinam

54. Krishnamoorthy

55. Mathiyalagan

56. Veedamoorthy

57. Mahindren ... Respondents 8 to 57 in W.P.No.6269 of

Prayer in W.P.No.35182 of 2014 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to include the petitioners as permanent members in the 7th Respondent Society. Prayer in W.P.No.6269 of 2015 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 7 not to include the respondents 8 to 57 in the 7th Respondent Society as Permanent Members.

In W.P.No.35182 of 2014 For Petitioner : Mr.M.Arivukkumar For Respondents : Mr.V.Selvaraj, Addl. Government Pleader (RR1 to 6) Mr.L.P.Shanmuga Sundaram, Special Government Pleader (R7) In W.P.No.6269 of 2015 For Petitioner : Mr.M.Thamizhavel For Respondents : Mr.V.Selvaraj, Addl. Government Pleader (RR1 to 6) Mr.L.P.Shanmuga Sundaram, Special Government Pleader (R7) Mr.R.Muruga Bharathi(R8 to 57) C O M M O N O R D E R The writ petition in W.P. No.35182 of 2014 has been filed by the members, seeking to direct the respondents to include them as permanent members in the 7th Respondent Society. Learned counsel for the petitioners in W.P. No.35182 of 2014/ respondents 8 to 57 in W.P. No. 6269 of 2015 would submit that the petitioners' only job is fishing.

The Marine Fisher Cooperative Society/ 7th respondent was formed for the welfare of the petitioners, to provide loan and welfare schemes of the Government to buy nets and fulfill the needs of the fishermen. The petitioners enrolled as joint associate members in the 7th respondent society in the year 2000. They were also provided with marine fishers ID card issued by the Ministry of Agriculture, Government of India.

Subsequently the 7th respondent society enrolled 65 persons, as permanent members. Since this will affect the rights in the society and they would be put to irreparable loss and hardship, the petitioners made representation on 10.10.2014, to the respondents 1 to 6 to

include their names as permanent members in the 7th respondent society. Since, no order has been passed, the members are before this Court.

2. Per contra, W.P. No.6269 of 2015 has been filed by the Vice President of the Marine Fisher Co-operative Society, in his individual capacity, seeking to direct the respondents 1 to 6, not to include the respondents 8 to 57 therein, in the 7th Respondent Society as Permanent Members. It is submitted that the respondents 8 to 57 are ineligible members, who have been removed from the 7th respondent Society vide resolution dated 16.02.2014. According to the petitioner in W.P. No.6269 of 2015, the respondents 8 to 57 are not in the profession of fishing and that they run provisional shop, petty shop, tea shop etc. and that in order to enjoy the benefits granted to fishermen by the State and Central Government, they wanted to include them as permanent members. Hence, he has filed the present writ petition with the aforesaid prayer.

3. Heard the learned counsel for the parties and perused the material available on record.

4. The issues in both the writ petitions are one and the same, relating to inclusion of the members in the 7th respondent Marine Fisher Co-operative Society. Considering the limited scope of prayer sought for in both the writ petitions, without going into the merits of the case, this Court is inclined to direct the 2nd respondent/ competent authority, to consider the representation dated 10.10.2014 of the petitioners in W.P. No. 35182 of 2014/ respondents 8 to 57 in W.P. No. 6269 of 2015, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing suitable opportunity to the parties concerned. It is needless to state that the petitioners shall furnish a copy of the said representation, along with a copy of this order.

5. Accordingly, the W.P. No.35182 of 2014 is disposed of, on the above direction and consequently the W.P. No.6269 of 2015 is closed. No order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar avr/rsi