Madras High Court
G.Chandra Raj vs The Secretary To Government on 13 August, 2020
Author: D. Krishnakumar
Bench: D.Krishnakumar
W.P.(MD)No.14465 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :13.08.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD) No.14465 of 2019
G.Chandra Raj ... Petitioner
Vs.
1.The Secretary to Government,
Department of Fisheries,
Secretariat, Chennai.
2.The Director of Fisheries,
Department of Fisheries,
Teynampet, Chennai.
3.The District Collector,
Kanyakumari District.
4.The Deputy Director of Fisheries,
Department of Fisheries,
Nagercoil, Kanyakumari District.
5.The Assistant Director of Fisheries,
Colachel, Kanyakumari District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, to direct the second and third
respondents to consider the petitioner's representation dated 21.06.2019
and consequently direct the fourth and fifth respondents to ensure the
livelihood of fishermen and fish trades of the Thengapatnam Fishing
Harbor like other fishing harbors at Kanyakumari District as
expeditiously as possible.
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W.P.(MD)No.14465 of 2019
For Petitioner : Mr.J.Vijayaraja
For Respondents : Mr.C.M.Marichelliah Prabhu,
Additional Government Pleader.
ORDER
This Writ Petition is filed seeking for a direction, to direct the respondents 1 and 2 to consider the petitioner's representation dated 21.06.2019 and also direct the respondents 4 and 5 to ensure the livelihood of fishermen and fish trades of the Thengapatnam Fishing Harbor like other fishing harbors at Kanyakumari District.
2.The petitioner is the Secretary of Thengapattinam Fishing Harbour Trader Development Society. There are 3000 persons involved in the fishing business, it is their subsistence department. They are using number of Padagu having outside engine and Vesai Padagu for fishing, thereafter, sold the same to the dealers of various districts and local vendors. Now, the petitioner's grievance is that they have not allowed to sell the fishes like “Siriya Raga Fishes” (Kilathi Raga Fishes).
3.The learned counsel appearing for the petitioner states that newly formed Thengapatnam Fishing Harbor is in Kanyakumari District. There http://www.judis.nic.in 2/6 W.P.(MD)No.14465 of 2019 are several fishing harbors, in which the fishes like “Siriya Raga Fishes, Kilathi Raga Fishes” including all types of fishes were brought by the fishermen for sale. In the Thengapattnam Fishing Harbor, the officer-in- charge without any due process of law has banned the sale of fishes. In this regard, the petitioner has made a representation to the concerned authorities, so far no action has been taken. Hence, this Writ Petition.
4.The learned Additional Government Pleader appearing for the respondents filed a counter-affidavit. Paragraphs 7 and 8 are as follows:
“7. I submit to state that other fishing harbor, namely, Colachel, JPR Harbor Muttom and Cinnamuttom FH have no restrictions with fishes Siriya Raga fishes and Kilathi raga fishes since no local agitation or law and order problem arised among the public and hence no restrictions have been framed for follow up for unloading and sales of these types of fishes at these harbors.
8. I humbly submit that the petitioners contention is wrong since many representation were approached the District administration regarding the unhygienic way of transportation by the traders. Action was taken to conduct a peace committee meeting and said peace committee meeting conducted among the fish traders and local public with concerned officials on 26.02.2019 at Sub Collector Office, Pathmanabhapuram, Thuckalay headed by Sub http://www.judis.nic.in 3/6 W.P.(MD)No.14465 of 2019 Collector. The following resolution was passed among the participants.
A). Perished fishes (Valam and Kilathi) should not be unloaded and marketed inside the harbor to maintain hygienic condition.
B) Transporting vehicle should be clean and Trigger fishes should be transported in a hygienic way without splashing the drains of the fish waste on road.
C) The Kilathi fishes should only be unloaded and marketed during 10.00.p.m to 05.00 a.m at Thengapattinam fishing harbor.
D) Other state registered boat not allowed to unload and market the Kilathi fish at Thengapattinam fishing harbor.
E) 5 boats alone are permitted to unload and marketed for kilathi fishes.
F) Necessary action will be initiated against the boat owners who violates the resolution.
All the participants were agreed to follow the decision made in the committee meeting and it is followed till date without any deviation.”
5. In view of the decision taken by the peace committee meeting held by the Sub Collector Office, Padmanabhapuram, the norms for fishing were regulated with hygienic, without any affect to the public. http://www.judis.nic.in 4/6 W.P.(MD)No.14465 of 2019
6. In reply, the learned counsel appearing for the petitioner submitted that he is not a party in the said peace committee. Therefore, he is not aware of the rules, which were regulated by the peace committee meeting.
7. In view of the above, this Court is inclined to direct the learned Additional Government Pleader appearing for the respondents to furnish the copy of the resolution dated 26.02.2019 to the petitioner within a period of two weeks from the date of receipt of a copy of this order. If the petitioner is being aggrieved by any of the decision taken in the peace committee held by the Sub Collector, Padmanathapuram, it is open to the petitioner to approach the concerned authorities for necessary relief.
8.This Writ Petition is dismissed accordingly. No costs.
13.08.2020 Index : Yes / No Internet : Yes / No das 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. http://www.judis.nic.in 5/6 W.P.(MD)No.14465 of 2019 D. KRISHNAKUMAR, J.
das To
1.The Secretary to Government, Department of Fisheries, Secretariat, Chennai.
2.The Director of Fisheries, Department of Fisheries, Teynampet, Chennai.
3.The District Collector, Kanyakumari District.
4.The Deputy Director of Fisheries, Department of Fisheries, Nagercoil, Kanyakumari District.
5.The Assistant Director of Fisheries, Colachel, Kanyakumari District.
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