Madras High Court
S.Joseph Antony Dinseh vs The District Collector on 11 April, 2022
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD)No.6657 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No. 6657 of 2022
and W.M.P(MD) Nos. 5155 & 5156 of 2022
S.Joseph Antony Dinseh .. Petitioner
Vs
1.The District Collector,
President of Harbour Committee,
Nagercoil, Kanyakukmari District.
2.The Director,
Department of Fisheries,
Nanthanam, Chennai – 35.
3.The Deputy Director,
Department of Fisheries,
Vadasery Bus Stand, Vadasery,
Nagercoil, Kanyakumari District.
4.The Assistant Director,
Department of Fisheries,
Chinnamuttam,
Near Anjugramam,
Kanyakumari District.
5.John
6.Royan
7.Anto .. Respondents
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W.P(MD)No.6657 of 2022
Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of Writ of Certiorarified Mandamus
calling for the impugned order bearing Na.Ka.No.164/Aa/2022 dated
31.03.2022 passed by the fourth respondent and quash the same as
illegal and erroneous and also as against the people of fishermen
community in eking out their livelihood at Chinnamuttam,
Kanyakumari District and further direct respondents 1 to 4 to give
suitable instructions to the respondents 5 to 7 to put lathes or
workshops outside the Harbour area of Chinnamuttam,
Kanyakumari District for repairing Boats and Vessels of fishermen
forthwith.
For Petitioner : Mr.S.Palani Velayutham
For Respondents : Mr.S.Ramachandran
Additional Government Pleader
for R1 to R4
ORDER
[Made by PARESH UPADHYAY, J.]
1. This petition is styled as Public Interest Litigation.
2. Heard Mr.S.Palani Velayutham, learned advocate for the petitioner.
3. Further, the petitioner has introduced himself in para 3, as under:
“3. I submit that I am the Secretary of Parish Council of St. https://www.mhc.tn.gov.in/judis 2/4 W.P(MD)No.6657 of 2022 Thamous Church at Chinnamuttam. Total residents of the said village is more than 650 families. The number of living persons in the total family is approximately 5000 members. All are eking out their livelihood by fishing in the sea shore at Chinnamuttam Village. The said village is near to the sea shore and all are the followers of Christianity.”
4. The decision of the State Authorities, as referred to in para 4 of the petition is the subject matter of this petition, which we are not inclined to entertain in the form of public interest litigation. If any aggrieved person comes with appropriate ground, the same would be considered on its own merits.
5. Writ Petition is disposed of with the above observation. No costs. Consequently, connected Miscellaneous Petitions would not survive.
[P.U., J] [R.V., J]
11.04.2022
Index : No
sj/16
https://www.mhc.tn.gov.in/judis 3/4 W.P(MD)No.6657 of 2022 PARESH UPADHYAY, J.
and R.VIJAYAKUMAR, J.
sj To
1.The District Collector, President of Harbour Committee, Nagercoil, Kanyakukmari District.
2.The Director, Department of Fisheries, Nanthanam, Chennai – 35.
3.The Deputy Director, Department of Fisheries, Vadasery Bus Stand, Vadasery, Nagercoil, Kanyakumari District.
4.The Assistant Director, Department of Fisheries, Chinnamuttam, Near Anjugramam, Kanyakumari District.
W.P(MD)No. 6657 of 202211.04.2022 https://www.mhc.tn.gov.in/judis 4/4