Rajan v. The Director Of Fisheries
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.12386, 12388, 12390, 12403, 12404 and 12406 of 2022 Rajan ... Petitioner in W.P.(MD)No.17020 of 2022 S.Eugine ... Petitioner in W.P.(MD)No.17028 of 2022 Vs.
1.The Director of Fisheries, Department of Fisheries, Teynampet, Chennai.
2.The District Collector, O/o. The District Collector, Kanyakumari District.
3.The Deputy Director of Fisheries, Department of Fisheries, Nagercoil, Kanyakumari District.
4.The Member Secretary/Assistant Director, Director of Fisheries, Thengapattanam Fishing Harbour Management Board, Kulachal, Kanyakumari District.
... Respondents in both W.Ps 1/14
Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order / Notification issued by the 4th Respondent in Na.Ka.No.1/TPTMFHMS/2019 dated 22.07.2022 and quash the same as illegal and consequently direct the 4th Respondent to consider petitioner's Representation and consequentially for a direction directing the 4th Respondent to maintaining status quo of the existing composition of Thengapattanam Fishing Harbour Advisory Committee till their tenure expires. For Petitioner : Mr.G.Anto Prince For Respondents : Mr.N.Ramesh Arumugam, Government Advocate.
ORDER
Heard the learned counsel for the writ petitioners and the learned Government Advocate for the respondents.
2.The case on hand pertains to constituting the advisory committee and management committee for Thengapattanam fishing harbour. Thengapattanam fishing harbour covers as many as 15 villages. While constituting the aforesaid 2/14
committee in the year 2019, in order to give wider representation, the officials have inducted two persons from each of the villages, one for the advisory committee and one for the management committee. This was questioned by one Antony Xavier by filing W.P.(MD)No.7778 of 2022. The said writ petition was disposed of on 24.02.2022 in the following terms:- "2.According to the petitioner, the fourth respondent has notified only 7 unions and only as per the bye-laws of the respective unions, members can be inducted. It is the contention of the petitioner that by a resolution, duly elected members of the respective 7 unions are trying to induct new members belonging to other Villages. In such circumstances, the petitioner has given a representation on 23.02.2022, to the second and third respondents to ensure that the respective unions induct only members belonging to the respective unions and not induct any new members belonging to other villages and other unions. Admittedly, the petitioner's representation, dated 23.02.2022, has not been considered till date. 3.............
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5.For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation, dated 23.02.2022, as stated supra and pass final orders on merits 3/14
and in accordance with law, after affording a fair hearing to the petitioner, including granting him the right of personal hearing, within a period of twelve weeks from the date of receipt of a copy of this order.
Pursuant to the aforesaid direction of this Court, the impugned notices have been issued.
3.The learned counsel for the writ petitioners questions the impugned notices on the grounds set out in the affidavits filed in support of the writ petitions. According to him, the members concerned were inducted in the year 2019 and their tenure is for three years. Even before the expiry of their tenure, they are sought to ousted without notice. He would further contend that when there are 15 villages, all the 15 villages must be represented and they must be duly notified. Per contra, learned Government Advocate submitted that no interference is called for.
4.I carefully considered the rival contentions and went through the materials on record. The Government of Tamil Nadu issued G.O.(Ms) No.73, Animal Husbandry, Dairying and Fisheries (Fs.1) Department, dated 24.07.2009 and it reads as follows:- 4/14
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5.Pursuant to the said government order, the Tamil Nadu Marine Fishing Regulation Rules, 2020 have also been notified. The relevant part of the regulations is as under:- "Composition of the District Level Management Advisory Committee (DLMAC).- The District Level Management Advisory Committee shall consist of the following members:-
1. The District Collector -Chairman
2. The Superintendent of Police - Member
3. Special nominee from Port (if located inside/ adjacent to Port) - Member
4. Regional Joint Director of Fisheries/ Deputy Director of Fisheries. - Member
5. Assistant Director of Fisheries (Fishing Harbour) - Member Secretary
6. Assistant Executive Engineer (Fishing Harbour Division) - Member
7. Special invitee from Tamil Nadu Fisheries University/ Research Institution. - Member
8. One representative each from Indian Coast Guard and Marine Police to be nominated by the Government - Member
9. One representative from Electricity Board to be nominated by the Government. - Member
10. One representative from TWAD Board/ Local municipality to be nominated by the Government. - Member
11. One representative from the Association of Deep Sea Fishing Vessel to be nominated by the Government. - Member
12. One representative from the Association of Mechanised Fishing Vessel to be nominated by the Government - Member 8/14
13. One representative from the Association of Motorized country craft to be nominated by the Government.- Member
14. One representative from the Association of Country craft to be nominated by the Government. - Member
15. One representative from Fisherwomen cooperative society to be nominated by the Government. - Member
16. One representative from Fishing Labourers to be nominated by the Government. - Member
17. One representative from Exporters/ Processors to be nominated by the Government. - Member Composition of Fishing Harbour Management Committee(FHMC).-
(1) The Fishing Harbour Management Committee shall consist of the following members:-
1. Regional Joint Director of Fisheries/ Deputy Director of Fisheries. - Chairman
2. Assistant Director of Fisheries (Fishing Harbour). - Member Secretary
3. Assistant Executive Engineer or Junior Engineer (Fishing Harbour Division). - Member
4. One representative from Tamil Nadu Fisheries University/ Research Institutes to be nominated by the authorized officer. - Member
5. One representative from the Association of Deep Sea Fishing Vessel to be nominated by the authorized officer. - Member
6. One representative from the Association of Mechanised Fishing Vessel to be nominated by the authorized officer. - Member
7. One representative from the Association of Motorized Country craft to be nominated by the authorized officer. - Member
8. One representative from the Association of Country craft to be nominated by the authorized officer. - Member 9/14
9. One representative from Fisherwomen cooperative society to be nominated by the authorized Officer. - Member
10. One representative from Fishing labourers to be nominated by the authorized Officer. - Member
11. One representative from Fish merchants to be nominated by the authorized officer. - Member
12. One representative from Exporters/ Processors to be nominated by the authorized officer. - Member"
6.Thengapattanam fishing harbour management society was also registered under the Tamil Nadu Societies Registration Act, 1975 in May 2018. 7.I find considerable force in the petitioner's counsel's contention that when they are going to constitute committees namely, advisory committee and management committee and 15 persons can find place in both the committees and when there are 15 villages, attempt should be made by authorities to ensure that all the 15 villages are represented in one form or other. The authorities will give wide publication and notice so that information reaches all the 15 villages about the proposed constitution of the two committees. I find that first noticee in the impugned proceedings are the parish priests. I fail to understand as to why religion should be mixed in these secular matters. The relevant rules speak of representatives of various fishermen societies/sangam. Therefore, the respondents would do well to avoid the participation of the parish priest. They 10/14
are men of religion and when the relevant statutory rules do not contemplate issuance of notice to the parish priest, the respondents shall not issue such a notice hereafter in future.
8.It is true that the tenure of the members inducted in the year 2019 is yet to be over. However, the fact remains that the constitution of the committees in the year 2019 was not in accordance with the government order. When as per the government order there can only be a given number of members on the committees, the number cannot be exceeded. Probably for democratic reasons, just as there are jumbo cabinets, the respondents have also constituted jumbo committees. Pursuant to the direction given by this Court, the officials now want to bring the constitution of the committees in line with the statutory regulations. This cannot be faulted.
9.These writ petitions are disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 01.08.2022 Index : Yes / No Internet : Yes/ No ias 11/14
To:
1.The Director of Fisheries, Department of Fisheries, Teynampet, Chennai.
2.The District Collector, O/o. The District Collector, Kanyakumari District.
3.The Deputy Director of Fisheries, Department of Fisheries, Nagercoil, Kanyakumari District.
4.The Member Secretary/Assistant Director, Director of Fisheries, Thengapattanam Fishing Harbour Management Board, Kulachal, Kanyakumari District.
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G.R.SWAMINATHAN, J.
ias 01.08.2022 14/14