Madras High Court
E.2100 Devanampattinam (South) ... vs Ministry Of Fisheries on 18 August, 2021
Author: R. Mahadevan
Bench: R. Mahadevan
WP No. 15500 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R. MAHADEVAN
W.P. No. 15500 of 2021
E.2100 Devanampattinam (South) Fishermen
Co-operative Society,
Cuddalore
represented by its President
S.Arivazhagan, Devanampattinam,
Cuddalore 607 001. .. Petitioner
Versus
1. Ministry of Fisheries
Animal Husbandry and Dairying
Government of India
Department of Fisheries
Krishi Bhawan
New Delhi.
2. The Secretary to Government
Government of Tamilnadu
Animal Husbandry and Fisheries Department
Fort St. George, Chennai 600 009.
3. The Commissioner/Director of Fisheries
No.571, Integrated Office Building
Third Floor, Nandanam
Chennai 600 005
4. The Deputy Director of Fishing
(Regional), Cuddalore District
Cuddalore
http://www.judis.nic.in
1/7
WP No. 15500 of 2021
5. The Assistant Director of Fisheries,
Fisheries Department,
Cuddalore 607 003.
6. The District Collector,
Cuddalore District,
Pennar Road,
Cuddalore 607 001. .. Respondents
Writ Petition filed under Section 226 of Constitution of India praying
for issuance of Writ of Mandamus directing the respondents 2 to 6 to permit
the members of the petitioner society to catch fish using purse seine nets with
ring in pursuance to the order of the first respondent passed on 20.3.2020 in
F.No.j1102135/3/2019Fy, by considering the petitioner's representation dated
08.07.2021.
For Petitioner : Mr. S.P. Sudalayandi
For Respondents : Mr. R. Subramanian, ACGSC for R1
Mr. Stalin Abhimanyu
Government Advocate R2 to R6
ORDER
The relief sought in this Writ Petition is to issue a Writ of Mandamus directing the respondents 2 to 6 to permit the members of the petitioner society to catch fish using purse seine nets with ring in pursuance to the order of the first respondent passed on 20.3.2020 in F.No.j1102135/3/2019Fy, by considering the petitioner's representation dated 08.07.2021.
2. According to the petitioner, the petitioner's Society consists of about 656 members who are fishermen by profession. The second respondent herein, http://www.judis.nic.in 2/7 WP No. 15500 of 2021 in GO. Ms. No.40, Animal Husbandry and Fisheries (FS V) Department dated 25.3.2000, issued a notification under section 5(1)(a) of the Tami Nadu Marine Fishing Regulation Act, 1983 prohibiting fishing by pair trawling or fishing with pursue seine nets by any fishing vessel, craft, whether country craft or mechanised boat, irrespective of the size and power of engine in entire coastal areas of Tamil Nadu in territorial waters as a measure to conserve fishery. In the meantime, the first respondent constituted a Technical Committee to review the duration of the fishing ban period and to suggest further measures to strengthen the Conservation and Management aspects. Though the Committee submitted a report to the Government of India during September 2014, it was not implemented. Therefore, one Selvam and 4 others filed WP No. 1862 of 2015 before this Court to implement the expert committee report and to grant exemption to the ban imposed in G.O. Ms. No.40 dated 25.03.2000. This Court, by order dated 12.03.2015 passed an order to consider the report submitted by the Technical Committee. Thereafter, one Jesu Nazeran filed WP (MD) No. 22971 and 23651 of 2019 before the Madurai Bench of this Court and it was allowed on 27.11.2019 by recording the affidavit of undertaking given by the Commissioner/Director of Fisheries Department. Pursuant to the order passed by this Court, the first respondent issued the impugned notification dated 20.03.2020 to implement the report submitted by the http://www.judis.nic.in 3/7 WP No. 15500 of 2021 Technical Committee. As per the proceedings dated 20.03.2020 of the first respondent, the fishermen all over India, including the members of the petitioner society are entitled to fishing activities with the use of purse seine nets with ring. According to the petitioner, the notification dated 20.03.2020 of the first respondent has not been given effect to by the respondents 2 to 6, with the result, the ban to fish by using the purse seine nets with rings continues.
3. It is the grievance of the petitioner Society that in view of the non- implementation of the order passed by the first respondent, the members of the petitioner society were put to much difficulties and hardship. Though on many occasions, the member of the petitioner society approached the respondents 2 to 6 to lift the ban, no action has been taken. Therefore the petitioner society sent a detailed representation to the respondents 2 to 6 to implement the order passed by the first respondent, however, no steps have been taken so far to implement the same. Therefore the present writ petition is filed for the aforesaid relief.
4. Today, when the matter is taken up for hearing, learned counsel for the respondents submitted that subsequent to filing of the writ petition, a http://www.judis.nic.in 4/7 WP No. 15500 of 2021 communication dated 30.7.2021 was addressed by the 5th respondent to the petitioner, wherein, it has been stated that the Government will take appropriate decision on the representation of the petitioner Society and the relevant portion of the same is extracted hereunder;
' ,e;epiyapy; Vw;bfdnt. 02/07/2021 md;W eilbgw;w rk;gtj;jpd; mog;gilapYk; j';fsJ nfhhpf;ifapid Kd;dpUj;jpa[k; ,t;tYtyf fojk; flYhh; khtl;ll Ml;rpah; mth;fSf;F mDg;gg;gl;lJ.
mjidj; bjhlh;e;J flYhh; khtl;l Ml;rpah; mth;fs; ghh;it 1y; fhQqk; fojj;jpd; thapyhf brd;id muRf; TLjy; jiyikr; brayh;. fhy;eil guhkhpg;g[. ghy;tsk;. kPd;tsk; kw;Wk; kPdth; eyj;Jiw kw;Wk; muRr; brayhsh;. bghJj;Jiw. jiyikr; brayfj;Jf;F tptuk; bjhptpf;fg;gl;Ls;sJ/ jkp;H;ehL fly; kPd;gpog;g[ xG';Fg;gLj;Jk; rl;lk; 1983d; go murhy; jil bra;ag;gl;Ls;s RUf;Fko tiyfis gad;gLj;JtJ kw;Wk; cr;rePjpkd;wk; kw;Wk; bjhHpy;El;g ty;Yeh;fspd; fUj;Jg;go flYhh; khtl;lj;jpy; Fwpg;gpl;l fhyj;jpw;F kl;Lk; RUf;Fko tiyiaf; bfhz;L kPd;gpoj;bjhHpy; bra;tJ bjhlh;ghf muR KobtLf;Fk; vd;w tptuk; bjhptpj;Jf; bfhs;sg;gLfpwJ. '
5. In the light of the communication dated 30.07.2021, this Court directs the respondents 2 to 6 to consider the representation of the petitioner dated 8.7.2021 and take appropriate decision within a period of four weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of with the above directions. No costs.
18.08.2021 Index:Yes/no http://www.judis.nic.in 5/7 WP No. 15500 of 2021 Internet:Yes/No msr/rsh To
1. Ministry of Fisheries Animal Husbandry and Dairying Government of India Department of Fisheries Krishi Bhawan, New Delhi.
2. The Secretary to Government Government of Tamilnadu Animal Husbandry and Fisheries Department Fort St. George, Chennai 600 009.
3. The Commissioner/Director of Fisheries No.571, Integrated Office Building Third Floor, Nandanam, Chennai 600 005
4. The Deputy Director of Fishing (Regional), Cuddalore District Cuddalore
5. The Assistant Director of Fisheries, Fisheries Department, Cuddalore 607 003.
6. The District Collector, Cuddalore District, Pennar Road, Cuddalore 607 001 R. MAHADEVAN, J msr/rsh http://www.judis.nic.in 6/7 WP No. 15500 of 2021 WP No. 15500 of 2021 18.08.2021 http://www.judis.nic.in 7/7