Fishermen Fish Market Welfare Association And ORS. v. The Lt.Governor And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/225/2025 Fishermen Fish Market Welfare Association and Others Vs.
The Lt. Governor and Others Mrs. Anjili Nag, Sr.Adv.
Ms. K.Bhawani ... for the petitioners Mr. Shatadru Chakraborty, Sr. Adv.
Mr. Dibesh Dwivedi ... for the respondents June 12, 2025 [AKB] Item No.8 This writ petitioner is filed seeking setting aside of notice dated 21.03.2025 of Revenue Officer, Municipal Council, respondent No.5 whereby the Revenue Officer of the Port Blair Municipal Council ordered for sealing the shop of petitioners and cancellation of allotment.
Petitioners contend that they are fishermen running their business for last 25/30 years from the allotted space in the New Modern Fish Market at Junglighat. Though the petitioners requested the Port Blair Municipal Council to charge monthly rent from them, the Port Blair Municipal Council entered into an agreement with Andaman & Nicobar Fisheries Cooperative Federation to pay rent after handing over the management to the Federation. The Federation on several occasion defaulted in making payment of the rent and the petitioners had to clear the dues. Repeated requests were made to the Port Blair Municipal Council to enter into agreement with petitioner No. 1 namely Fishermen Fish Market Welfare Association, Junglighat, Fish Market instead of the Federation. However, such requests did not yield any result.
The default in making payment of rent by Federation resulted in accumulation of dues and the Port Blair Municipal Council vide notice dated 21.03.2025 asked the petitioner to clear the dues or else their shop would be sealed and allotment would be cancelled.
1994 decided to recover allotted arrears from the petitioner by threatening them. Being aggrieved by such action on the part of the respondent authorities the petitioners are compelled to file this present writ petition for proper relief.
Mrs. Anjili Nag, learned senior advocate appearing for the petitioners submit that the petitioners are fishermen who are running their business of selling sea food from the place which was allotted by the Andaman and Nicobar Administration for the last 25/30 years. The authorities entered into agreement with the Chairman of Andaman & Nicobar Fisheries Cooperative Federation whereby the Municipal Council let out newly constructed fish market to the Federation on monthly service charge of Rs. 45,000/-. Since the Federation did not deposit the amount, such notice of eviction of the petitioners and cancellation of allotment has been issued. The Port Blair Municipal Council informed petitioner No.1 sometimes in July 2020 to the effect that the Federation is not depositing the rent and therefore, the Association must clear the dues.
The petitioner were threatened by Municipal Council that in case the payment is not made they will be forcibly evicted. The Association requested the respondent authorities to hand over the management of the Fish Market to them but nothing has been done. Though the payment was done from the account of petitioner No.2, but the receipts were issued in the name of the Federation for the reasons best known to the authorities. The notice has been issued without the fault of the petitioners, she seeks that the impugned notice dated 21.03.2025 of Revenue Officer, Municipal Council, respondent No.5 be set aside. Mr.
Shatadru Chakraborty, learned senior advocate appearing for the respondents submit that the petitioners do not have any locus standi, since notice dated 21.03.2025 has not been served upon them for effecting their eviction from the shops in question. Further there has been default in payment of the rent to the Port Blair Municipal Council. He also indicates that the petitioners have not made any representation before the Port Blair Municipal Council for redressal of their grievance. The petitioners may approach the Port Blair Municipal Council to resolve the issue.
Considering the submissions as advanced the writ petition is disposed of granting liberty to the petitioners to make a comprehensive representation within a fortnight from date before the respondent No.4, Secretary, Port Blair Municipal Council, who upon such submission of the representation shall dispose of the same in accordance with law within a period of four weeks from date of submission of representation. The petitioners are granted liberty to produce relevant documents as per requirement before the authority concerned.
In the meantime the respondent authorities shall not to take any coercive steps against the petitioners till disposal of such representation.
Learned advocate for the petitioner is directed to communicate this order to respondent No.4.
Since no affidavit has been called for, the allegations made in the writ petition are deemed to be not admitted. It is made clear that this court has not gone into the merits of the writ petition.
Accordingly, with the aforesaid direction this writ petition being WPA/225/2025 is disposed of.
Interim order, if any, stands vacated.
All connected application, if any, stand disposed of. Urgent Photostat certified copy of this order if applied for be supplied to the parties upon compliance of all necessary formalities.
(Bivas Pattanayak, J.)