Madras High Court
The Dhanuskodi Puyalaal Baathikapatta vs Government Of Tamil Nadu on 19 July, 2021
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD).No.12132 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.12132 of 2021
and W.M.P.(MD).No.9547 of 2021
The Dhanuskodi Puyalaal Baathikapatta
Meenava Maruvaazhvu Sangam,
Rep.by its President,
Mr.Chelladurai,
S/o.Pitchikaran,
No.156, Natarajapuram,
Rameswaram Road and Post,
Rameswaram,
Ramnathapuram District. ...Petitioner
Vs.
1.Government of Tamil Nadu
Rep.by its Secretary,
Animal Husbandry and Fisheries Department,
Fort St.George,
Chennai-600 009.
2.The Director of Fisheries,
3rd Floor, Integrated Animal Husbandry and Fisheries Building,
Nandanam,
Chennai-600 035.
1
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W.P.(MD).No.12132 of 2021
3.The Assistant Director of Fisheries,
Rameswaram,
Ramanathapuram,
Ramanathapuram District.
4.M.Mariappan
5.M.Muniyasamy
6.R.Ramadass
7.M.Arunkumar
8.G.Subramani
9.M.Thavasimaniyan
10.E.Pitchai
11.R.Mariyadass
12.M.Paulraj
13.S.Manikumar
14.P.Muniswaran
15.Muniyasamy @ Sembatayan ...Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to issue
a Writ of Mandamus, directing the respondent No.2 to forbear the respondent
Nos.4 to 15 from illegally fishing and Anchoring in the Coast of Dhanushkodi,
2
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W.P.(MD).No.12132 of 2021
Ramanathapuram District, without valid anchoring and fishing permit.
For Petitioner : Mr.T.Lajathi Roy
For Respondents : Mr.R.Suresh Kumar for R1 to R3
Government Advocate
ORDER
This writ petition has been filed for the issue of a writ of Mandamus, directing the second respondent to forbear the respondents 4 to 15 from illegally fishing and anchoring in the coast of Dhanushkodi, Ramanathapuram District.
2.The case of the petitioner is that the third respondent had passed an order for change of the Notified place of berth and issued anchoring permit to 12 fishermen by virtue of the said order. The grievance of the petitioner association was that it was done even without hearing the petitioner association and calling for their explanation.
3.Aggrieved by the same, the petitioner association filed an appeal before the second respondent and the second respondent by proceedings, dated 09.04.2021, passed an order cancelling the anchoring permit given by the third 3 https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12132 of 2021 respondent in favour of the respondents 4 to 15.
4.The grievance of the petitioner is that in spite of the orders passed by the second respondent, the respondents 4 to 15 are continuing to illegally carrying on with fishing and anchoring their boats in the Dhanushkodi coastal region. The petitioner association left with no other option, filed the present writ petition before this Court seeking for appropriate directions.
5.Heard Mr.T.Lajathi Roy, the learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate, appearing for the respondents 1 to 3.
6.Taking into consideration the facts and circumstances of the case and also the fact that the second respondent has already cancelled the permit given by the third respondent, through proceedings, dated 09.04.2021, there shall be a direction to the second and third respondents to implement the proceedings, dated 09.04.2021, within a period of two weeks from the date of receipt of a copy of this order.
4 https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12132 of 2021
7.The petitioner is directed to make a fresh representation to the second and third respondents along with all relevant documents and also a copy of this order.
8.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
19.07.2021 Internet : Yes/No Index : Yes/No TM NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.Government of Tamil Nadu Rep.by its Secretary, Animal Husbandry and Fisheries Department, Fort St.George, Chennai-600 009.5
https://www.mhc.tn.gov.in/judis/ W.P.(MD).No.12132 of 2021 N.ANAND VENKATESH, J.
TM
2.The Director of Fisheries, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai-600 035.
3.The Assistant Director of Fisheries, Rameswaram, Ramanathapuram, Ramanathapuram District.
Order made in W.P.(MD).No.12132 of 2021 Dated:
19.07.2021 6 https://www.mhc.tn.gov.in/judis/