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Madras High CourtWP(MD)/30424/2025dismissed

S.Balamurugan v. The Government Of Tamil Nadu

2025-11-17Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P(MD)No.30424 of 2025 and W.M.P(MD)No.23636 of 2025 S.Balamurugan ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary to Government, Animal Husbandry, Dairying, Fisheries and Fisherman Welfare (FS6) Department, Chennai.

2.The Joint Director, Inland Fisheries Department, Madurai.

3.The Assistant Director, Fisheries Department, Dindigul.

4.The Special Officer-Cum-Inspector of Fisheries, A.1977 Palani Taluk Fisher Co-Operative Society, Palani Andavar Nagar, ESI Road, Palani Taluk, Dindigul District.

... Respondents 1/6

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to accept the proportionate contribution amount paid to equitably members of A Groups / B Groups in A.1977 Palani Taluk Fisheries Co-operative Society situated at Palani Taluk, Dindigul District to the fishing and farming of Vaiyapuri Kulam, Pudu Kulam and Kalikanayakanpatti Kulam, Palani Taluk, Dindigul District based on the petitioner's representations dated 24.07.2025 and 08.10.2025 respectively in the light of the G.O.Ms.No.5, Animal Husbandry Dairying, Fisheries and Fishermen Welfare (FS.6-1) Department, dated 30.01.2025 within the time limit stipulated by this Court.

For Petitioner : Mr.Gurunathan for Mr.K.Sankar For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The prayer of the petitioner is for a Mandamus directing the respondents to accept the proportionate contribution paid by members of A.1977 Palani Taluk Fisheries Co-operative Society for the fishing and farming rights in Vaiyapuri Kulam, Pudu Kulam and Kalikanayakanpatti Kulam, Palani Taluk, Dindigul District in the light of the G.O.Ms.No.5, 2/6

Animal Husbandry Dairying, Fisheries and Fishermen Welfare (FS.6-1) Department, dated 30.01.2025.

2.Mr.P.Thilak Kumar, learned Government Pleader appears for the respondents.

3.A detailed counter has been filed by R4 setting out in detail the manner in which 4th respondent, ie., the Special Officer-cumInspector of Fisheries, is managing the affairs. 4.That apart, the main objection of Mr.Thilak Kumar is that this very petitioner has instituted W.P(MD)No.30282 of 2025, wherein the challenge is to a Resolution dated 29.08.2025 passed by R4, seeking a direction to him to provide priority to Inland fishermen engaged in fishing activities. That Writ Petition is, in fact, pending before the writ Court.

5.The present Writ Petition does not even make a disclosure in this regard, and we believe that this is a glaring omission as that matter also touches upon the allocation of fishing and farming rights, to which the members of R4 claim entitlement.

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6.Hence, we are of the considered view that the present Writ Petition is not maintainable as the petitioner cannot seek the same relief before different Courts. Bearing in mind the aspect of non-disclosure too, we are disinclined to consider this Writ Petition and dismiss the same as the petitioner may well seek the relief in the pending Writ Petition. No costs. Consequently, connected Miscellaneous Petition is closed. [A.S.M.J.,] & [C.K.J.,] 17.11.2025 Index :Yes/No Internet :Yes ps To 1.The Government of Tamil Nadu, Represented by its Secretary to Government, Animal Husbandry, Dairying, Fisheries and Fisherman Welfare (FS6) Department, Chennai.

2.The Joint Director, Inland Fisheries Department, Madurai.

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3.The Assistant Director, Fisheries Department, Dindigul.

4.The Special Officer-Cum-Inspector of Fisheries, A.1977 Palani Taluk Fisher Co-Operative Society, Palani Andavar Nagar, ESI Road, Palani Taluk, Dindigul District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps W.P(MD)No.30424 of 2025 17.11.2025 6/6