Mallasamudhram Panchayat Union v. The Commissioner Of Fisheries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.28159 of 2015 Mallasamudhram Panchayat Union, Scheduled Caste Fishing Sangam, Registration No.23 of 2012, Rep. by its President Mr.Karthi Kannan., No.3/95, Karthi Kannan Illam, Devendirar Street, Pallipatti Village, Mallasamudhram Post, Tiruchengode Taluk, Namakkal District-637 503.

.. Petitioner

Versus

1.The Commissioner of Fisheries, Administrative Office Building, Teynampet, Chennai-600 006.

2.The Deputy Director of Fisheries, Dharmapuri Region, Dharmapuri District.

3.The Assistant Director, Fisheries Department, Inland Fisheries, Mettur Dam, Mettur, Salem District.

4.The Special Officer, F.M.R.13 Aavarangadu Fishing Cooperative Sangam, Pallipalayam Post, Thiruchengode Taluk, Namakkal District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 to 3 to consider the representations dated 03.06.2015 and 26.06.2015 submitted by the petitioner and pass orders thereof on merits and in accordance with law within a time frame.

For Petitioner : Mr.A.S.Palanisamy For Respondents: Mr.R.Rajeswaran, Additional Govt. Pleader for RR1 to 3 : Mr.D.Venkatachalam, Government Advocate for R4.

ORDER

Heard Mr.A.S.Palanisamy, learned counsel appearing for the petitioner, Mr.R.Rajeswaran, learned Additional Government Pleader appearing on behalf of respondents 1 to 3 and Mr.D.Venkatachalam, learned Government Advocate who accepts notice on behalf of fourth respondent and with their consent, this writ petition is taken up for final disposal.

2. The petitioner has filed the present writ petition for issuance of a writ of mandamus to direct the respondents to consider its representations dated 03.06.2015 and 26.06.2015 so as to enable them to get fishery rights to the members of the petitioner Association. The representations given by the petitioner to the first respondent has been forwarded to the third respondent for necessary orders.

3. The learned Government Advocate appearing for the respondents 1 to 3 submitted that requisite time may be granted to the third respondent to pass orders on merits and in accordance with law.

4. In the result, the writ petition is disposed of, by directing the third respondent to consider the petitioner's representations dated 03.06.2015 & 26.06.2015 and pass appropriate orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar dn

To 1.The Commissioner of Fisheries, Administrative Office Building, Teynampet, Chennai-600 006.

2.The Deputy Director of Fisheries, Dharmapuri Region, Dharmapuri District.

3.The Assistant Director, Fisheries Department, Inland Fisheries, Mettur Dam, Mettur, Salem District.

4.The Special Officer, F.M.R.13 Aavarangadu Fishing Cooperative Sangam, Pallipalayam Post, Thiruchengode Taluk, Namakkal District.

+1cc to Mr.A.S. Palanisamy, Advocate, S.R.No.4722 +1cc to the Government Pleader, S.R.No.4151 SR(CO) EU(5/02/2016) WP.No.28159 of 2015