Madras High CourtWP(MD)/6191/2018disposed of

B.Brighton Sathish v. Assistant Director Of

2018-03-22Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22.03.2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN and WMP(MD) Nos.6030 to 6050 of 2018 B.BRIGHTON SATHISH ... Petitioner in WP(MD). 6191/ 2018 P.ANTONY SAMY ... Petitioner in WP(MD). 6192/ 2018 JUDE RAJA ... Petitioner in WP(MD). 6193/ 2018 N.JANCY ... Petitioner in WP(MD). 6194/ 2018 G.STERWIN ... Petitioner in WP(MD). 6195/ 2018 AMALAN ... Petitioner in WP(MD). 6196/ 2018 T.SATHALANE ... Petitioner in WP(MD). 6197/ 2018 P.DHARMAM ... Petitioner in WP(MD). 6198/ 2018 J.JACKSON ... Petitioner in WP(MD). 6199/ 2018 ANTHONYSAMY ... Petitioner in WP(MD). 6200/ 2018 A.JUDE ... Petitioner in WP(MD). 6201/ 2018 R.JERINA RANJITHKUMAR ... Petitioner in WP(MD). 6202/ 2018 S.ANTO ... Petitioner in WP(MD). 6203/ 2018 N.BASKAR COMZ ... Petitioner in WP(MD). 6204/ 2018 X.ALEXPRIDY ... Petitioner in WP(MD). 6205/ 2018 P.BENARTHES ... Petitioner in WP(MD).

6206/ 2018 S.ANGUSTINE PRAKASH ... Petitioner in WP(MD). 6207/ 2018 A.SESURAJA ... Petitioner in WP(MD). 6208/ 2018 R.THOMAS ... Petitioner in WP(MD). 6209/ 2018 M.THOMMAICROUZ ... Petitioner in WP(MD). 6210/ 2018 T.RAVINDRAN ... Petitioner in WP(MD). 6211/ 2018 .Vs.

ASSISTANT DIRECTOR OF FISHERIES/ AUTHORISED OFFICER, DEPARTMENT OF FISHERIES, TUTICORIN.

... RESPONDENT IN ALL WRIT PETITIONS

Prayer :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records in connection with the impugned order passed by the respondent vide his proceeding Ref.No.Na.Ka.No.1217/Aa/2017 dated 20.02.2018 and quash the same.

For Petitioner :Mr.S.Niranjan.S.Kumar For Respondent :Mr.Aayiram K.Selvakumar Additional Government Pleader COMMON ORDER These writ petitions have been filed challenging the impugned order of the respondent dated 20.02.2018, whereby, the respondent has temporarily suspended the licence of the petitioners' boat.

2. As the issue involved in all these writ petitions revolves around a common point, they are taken up together for final disposal, and disposed of by way of this common order.

3. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondent.

4. According to the petitioners, their fishing boats/vessels were registered with the respondent and they are all engaged in fishing activities. On 16.02.2018 the respondent published a notice in his office stating that they are conducting inspection of the petitioners' boats on 16.02.2018 and 18.02.2018. When the petitioners' approached the respondent and enquired about the details of the inspection, the respondent directed the petitioners to submit a letter regarding the particulars of the boat/vessel for inspection. Based on the same they had also given a letter. Now, to their shock and surprise, the impugned order has been passed suspending their registration on the ground that the petitioners have not produced the boat for inspection. Challenging the same, these writ petitions have been filed.

5. The learned Counsel appearing for the respondent submitted that the petitioners did not produce the boat/vessel for inspection and therefore, the impugned order has been passed. In the event of the petitioners producing the vessels for inspection, inspection will be conducted and then the registration will be renewed. The learned Counsel for the respondent further submitted that if the petitioners are willing to produce the boat/vessels for conducting inspection, the respondent will consider the same and pass suitable orders.

6. The learned Counsel for the petitioner would submit that the ban period for fishing will be imposed from 15th April 2018 and

hence, the respondent may be directed to inspect the vehicle immediately.

7. Considering the above facts and circumstances, the petitioners are directed to produce boat/vessels for inspection by the respondent on 24.03.2018 and on that date, the respondent is directed to inspect the boat/vessels and pass suitable orders on merits and in accordance with law.

8. With the above direction, these Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To Assistant Director of Fisheries /Authorised Officer, Department of Fisheries, Tuticorin.

+1CC TO M/S.NIRANJAN.S.KUMAR, ADVOCATE, SR NO.57149 22.03.2018 rm MS/SKN-RSK/SAR-1/23.03.2018/3P.3C