Mariya Francis Soosai Micheal v. The Commissioner Of Fisheries And Fishermen Welfare

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY W.A.(MD)No.759 of 2024 and C.M.P.(MD)Nos.5179 to 5181 of 2025 Mariya Francis Soosai Micheal ...Appellant -Vs1.The Commissioner of Fisheries and Fishermen Welfare 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai-600 035.

2.The District Collector, Office of the District Collector, Collectorate, Nagercoil-629 002.

3.The Assistant Director, Department of Fisheries and Fishermen Welfare, Kanyakumari District.

...Respondents

PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent Act, to set aside the order of this Court made in W.P.(MD)No.2388 of 2025 dated 27.02.2025.

For Appellant : Mr.G.Anto Prince 1/5

For Respondents : Mr.M.Sarangan Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by S.SRIMATHY, J.) This intra-court appeal is filed as against the order dated 27.02.2025 made in W.P.(MD)No.2388 of 2025.

2.The appellant has purchased a mechanized fishing boat and submitted a representation before the third respondent informing about the said purchase. The third respondent prohibited the appellant from usage of said boat, which is made by steel. The writ petition was filed challenging the said rejection and the same was dismissed. The same is put to challenge in this writ appeal. 3.The contention of the appellant is that as per the rules in force, there is no prohibition for usage of steel boats in the petitioner's locality. Even then, the third respondent has prohibited the appellant from using the said boat. The learned Single Judge also without taking into consideration of this aspect, has dismissed the writ petition.

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4.On the other hand, the learned Additional Government Pleader appearing for the respondents submits that the petitioner has not made any application as prescribed in Form-IV of the Rules. If the writ petitioner files such an application, the respondents will consider the same in the manner known to law.

5.In view of the above submission, the appellant is directed to submit Form-IV as prescribed by the Tamil Nadu Marine Fishing Regulation Rules, 1983 forthwith. On such receipt, the respondents are directed to consider the same and pass appropriate orders after affording an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (J.N.B.,J.) (S.S.Y.,J.) 27.03.2025 Index : Yes/No Internet : Yes/No ta 3/5

To 1.The Commissioner of Fisheries and Fishermen Welfare 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai-600 035.

2.The District Collector, Office of the District Collector, Collectorate, Nagercoil-629 002.

3.The Assistant Director, Department of Fisheries and Fishermen Welfare, Kanyakumari District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 27.03.2025 5/5