Telangana High Court
WP/19368/2022 of The Fisherwomen Co-operative Society and 2 Others Vs The State of Telangana and 4 Others on 29 December 2022
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENW TWO PRESENT THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION NO: 19368 OF 2022 Between: AND '1. The Fisherwomen Co-operative Society, Mallaram
HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDERABAD(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINTH [DAY ]OF [DECEMBER]TWO THOUSAND AND TWENW TWO
PRESENT
THE HONOURABLE SMT JUSTICE P.MADHAVI [DEVI]
WRIT PETITION NO: 19368 OF 2022
Between:
'1. The Fisherwomen Co-operative Society, Mallaram of Mudigonda Mandal,Khammam, Khammam District. Represented by its Preslflent, Smt. AnnepoguManikyam, Wo. Raju, Occ. PresidenUFisherwoman . [,-]Khammam, Khammam District. Represented by its Preslflent, Smt. AnnepoguManikyam, Wo. Raju, Occ. PresidenUFisherwoman . [,-]
. 2. Smt. Telagapalli Krishna Kumari, Wo. Telagapalli Ramaiah,,.6cc.Fisherwoman, R/o. H. No. ['t-90, ]Mallaram, Mudigonda, Khammam.Fisherwoman, R/o. H. No. ['t-90, ]Mallaram, Mudigonda, Khammam.
3. Smt. Nachaboina Anasurya, Wo. GuravaiahT Occ. Fisherwoman, R/o. H. No.1-158, Mallaram, Mudigonda, Khammam. r/1-158, Mallaram, Mudigonda, Khammam. r/
...PETITIONERS
AND
1 . The State of Telangana, Represented.by its Principal SyxdaW, FisheriesDepartment, Secretariat Buildings, At Hyderabad.Department, Secretariat Buildings, At Hyderabad.
2. The Commissioner of Fisheries, The State of Telangana, Mqtsya Bhavan,Santhinagar, Street No- 4, MasabTank, Hyderabad. [[, ]]/ ,/Santhinagar, Street No- 4, MasabTank, Hyderabad. [[, ]]/ ,/
[[, ]]3. The District Collector, Khammam Diskict, at Khammam. [/]
4. The District Fisheries Officer/Assistant Director of Fisheries, KhammamDistrict, at Khammam.District, at Khammam.
5. The Fishermen Co-Operative Society, Pedda Mandava, Mudigonda Mandal,Khammam District. Represented by Person ln-Charge. [// ][/]Khammam District. Represented by Person ln-Charge. [// ][/]
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue writ or direction preferably Writ of Mandamus declaring theaction of the Respondent No. 4 in considering representation of the Petitionersdated 15/03/2022 and in not taking appropriate steps for supply of fish to themembers of the Petitioner Fisherwomen Co-operative Society, Mallaram ofMudigonda Mandal, Khammam, Khammam District and to prevent third parties toenter into the fishing operations and sale of fish in respect of tanks within the areaof operation of Respondent No. 5 Society, as illegal, arbitrary and violative of principles of natural justice and consequently direct the Respondent No. 4 not toallow third parties for conducting fishing operation and to allow the Petitioner'ssociety to sell the fish;allow third parties for conducting fishing operation and to allow the Petitioner'ssociety to sell the fish; lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased todirect the Respondent No. 4 to consider the representation dated 1510312022made by the Petitioners for conducting sale of fish in respect of the subject tanksof Respondent No. 5 society, [pending ]the disposal of writ [petition ]in the interest ofjustice; Counsel for the Petitioners: SRl. KOWTURU PAVAN KUMAR
Counsel for the Respondent Nos ['l ]to 5: GP FOR FISHERIES
The Court made the following: ORDER
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ORDER:
THE HON'BLE SMT. JUSTICE [P.MADHAVI DEVI]WRIT PETITION No.1936a of 2022
This Writ Petition has been hled seeking a Writ ofMandamus, declaring the action of the respondent No.4 in notconsidering the representation of the petitoners datedL5.O3.2O22 and in not taking appropriate steps for supply offish to the members of the Petitioner Fisherwomen Co-operativeSoceit5r, Mallararn of Mudigonda Mandal, Khammam,Khammam District and in preventing the third parties fromentering into the fishing operations and sale of fish in respect oftanks within the area of operation of respondent No.S Societ5r,as illegal and arbitrary.
2. In the counter affidavit frled by respondent No.4, it is statedthat no third party1S being allowed to do fishing in theconcerned tank and it is further submitted that theFisherwomen Co-operative Soceity was being managed by theofficra{person incharge, since, the Society Managing Committee term expired on 21.O3.2021 . On an earlier occasion, this Courthad directed the respondents to get instructions as to why nocommittee has been constituted so far.
3. The learned Government Pleader for Fisheries could notobtain any instructions so far in this regard.
4. In view of the above, the learned counsel for the petitioners submitted that the petitioners would make a representation,bringing a-11 the necessary facts to the notice of the authoritiesand sought a direction from this Court to the respondents toconsider and dispose of the representation of the petitionerswithin a time frame.
5. Therefore, in the interest of justice, this Court deems it fitand proper to permit the petitioners to make a representationwithin a period of fifteen (15) days from the date of receipt of acopy of this order and if such a representation is made, therespondent No.4 shall take steps and dispose of therespresentation by passing appropriate orders thereon, within aperiod of two (02) months therefrom. ,,--"
'/
PMD,JW.P.No'19368 [of 2o22]
There sha,ll [be]6. Accordingly, [the ][Writ ][Petition ][is ][disposed of']
no order [as ][to ][coss.]
Miscellaneous [applications, ][if ][any pending' ][shall ][also stand]
closed.
SD/-P.CH.NAGABHUSHAMBAASSISTANT REGISTRARI
//TRUE COPY//SECTION OFFICER
To,
1. The Principal Secretary, Fisheries Department, Secretariat Buildings, State ofTelangana, Hyderabad.Telangana, Hyderabad.
2. The Commissioner of Fisheries, The State of Telangana, Matsya Bhavan,Santhinagar, Street No. 4, Masab Tank, Hyderabad.Santhinagar, Street No. 4, Masab Tank, Hyderabad.
3. The District Collector, Khammam Diskict, at Khammam.
4. The District Fisheries Officer/Assistant Director of Fisheries, KhammamDistrict, at Khammam.District, at Khammam.
5. The Person ln-Charge, Fishermen Co-Operative Society, Pedda Mandava,Mudigonda Mandal, Khammam Diskict.Mudigonda Mandal, Khammam Diskict.
6. One CC to SRl. KOWTURU PAVAN KUMAR Advocate IOPUC]
7. Two CCs to GP FOR FISHERIES, High Court for the State of Telangana,Hyderabad. [OUT]Hyderabad. [OUT]
8. Two CD Copies
HIGH COURT
PMD, JDATED: 2911212022
ORDER.1z1rt4,.€li(WP.No.19368 of 2022notrBrtB [?t8]\
WP IS DISPOSEDOF WITHOUT COSTS