Madras High Court

WP(MD)/16803/2024 of Deivanai Vs The Deputy Director on 28 October 2026

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WP(MD) No. 16803 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28-10-2026

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR

RAMAMOORTHY

WP(MD) No. 16803 of 2024

CNR:{HCMD010739292024}

Deivanai

W/o.Subramanian, R.Pudhupattinam,

Avudaiyarkovil Taluk, Pudukkottai District.

..Petitioner(s)

Vs

1. The Deputy Director

Department of Fisheries and Fishermen Welfare, Trichirappalli.

2. The Assistant Director

Department of Fisheries and Fishermen Welfare, Pudukkottai.

3. The Inspector

Department of Fisheries and Fishermen Welfare, Manamelkudi, Pudukkottai.

4. Muniyappan

S/o.Karuppaiah, R.Pudhupattinam,

Avudaiyarkovil Taluk, Pudukkottai District..

5. Sasi

S/o.Dharmaraj, R.Pudhupattinam, Avudaiyarkovil Taluk, Pudukkottai District..

..Respondent(s)

PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus or direction or order, in the nature of WRIT, directing the Respondents to un berth the fishing boat being berthed in the Petitioner's place of berthing namely __________

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WP(MD) No. 16803 of 2024

Kadalmalai Kambu, by taking appropriate action against the Respondents No.4 and 5, on the basis of the Petitioner's representation dated 05.07.2024, within a time frame to be stipulated by this Hon'ble Court and pass such further or other orders as this Honb'le Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner(s)

:M/s M.Sridharan

For Respondent(s)

:Mr.R.Parthiban, SGP (R1 to R3)

No appearance for R4 & R5

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ORDER

Asserting that the petitioner has berthed his boat from time immemorial in a place called Kadalmalai Kambu, the petitioner alleges that the fourth and fifth respondents are berthing their boats at the place at which the petitioner has always berthed his boat.

2. Relying on the Tamil Nadu Marine Fishing Regulation Rules, 2020, learned Government Advocate submits that said Rules provide for the registration and licensing of fishing vessels. He also points out that it provides for a notified place of berthing. After adding that Kadalmalai Kambu is a notified place, he points out that no specific slots have been earmarked for owners of registered fishing vessels. __________

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WP(MD) No. 16803 of 2024

3. In response, learned counsel for the petitioner submits that a representation was given to the official respondents to ensure that the fourth and fifth respondents do not interfere with the petitioner's right to berth his boat at the place where he berthed his boat for long.

4. The petitioner is unable to provide any evidence that he was given an exclusive licence or other authorisation to berth his boat at a particular place. Unless the official respondents had made such allotment, a direction as prayed for by the petitioner cannot be granted. By leaving it open to the petitioner to seek enforcement of the judgment and decree in O.S. No. 11 of 2019, this writ petition is disposed of. No costs. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PKN __________

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WP(MD) No. 16803 of 2024 To

1. The Deputy Director Department of Fisheries and Fishermen Welfare, Trichirappalli

2. The Assistant Director Department of Fisheries and Fishermen Welfare, Pudukkottai

3. The Inspector Department of Fisheries and Fishermen Welfare, Manamelkudi, Pudukkottai __________

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WP(MD) No. 16803 of 2024 SENTHILKUMAR RAMAMOORTHY, J. PKN WP(MD) No. 16803 of 2024 28-10-2026 __________

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