FISHERMEN COOPERATIVE SOCIETY LII\iilITED v. THE STATE OF TELANGANA
Case Details
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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents particularly 4th Respondent in not considering the representation submitted by the petitioner dated 16.05.2025 and for grant of fishing order for conducting fishing operations in respect of Thottam Cheruvu (Raghavapuram Village) which is under the area of operation of petitioner society i.e. Fishermen Cooperative Society Limited, Mellacharuvu Village and Mandal, Suryapet District, as arbitrary illegal in // // / violation of prinoiplel; of natural justice besides being violative of the petitioners rights guaranteed under Article 14 and 21 of the constitution o1' lndia, as well as the provisions o,the cooperative societies Act, same is a colourable exercise of powei and illega I ari:itrary and violate of the principles of natural ustice, as well as the provisions of the cooperative societies Act and consecluontly Direct the 4th Respondent to tsnsidering the representatioru submitted by the petitioner dated 16.05.2025 and for grant of fishing order for conducting f ishing operations in respect of Th tttarr cheruvu (Raghavapuram village), pending cisposal of the above Writ Petitlon. IA NO :, 1 OF 2025 petition under Sectron 151 CPC praying that in the circunstances stated in the affidavit filed in support of the petition, the High court nray' be pleased to direct the 4th Flesp,lndent to considering the representation submitted by the petitioner dated 16.()5 2025 and for grant of fishing order for c;orrduiting fishing operations in rt:spect of Thottam cheruvu (Raghavapuram Viliage), pending disposal of the a bovt: Writ Petition Counsel for the Petitioner: SRI M.RAM REDDY' REP. FOR SRI S.CHANDRA MOHAN REDDY Counsel for the Respondent No.1 to 4: AGP FOR FISHERIES Counsel for the Respondent No.5: AGP FOR HOME The Court made the following: ORDER - *, I t THE HON'BLE SRI JUSTICE J.SREENTVAS RAO WRIT PETITION No.15247 of 2025 ORDER: This writ petition is frled seeking the following relief: ".. -to issue a writ order or direction more particularly one in the nature of Writ of Maldamus declaring the action of the Respondents particul arly 4b Respondent in not considering the representation submitted by the petitioner dated 16.05.2025 and for grant of hshing order for conducting frshing operaLions in respect of Thottam Cheruvu Raghavapuram Village which is under the area of operation of petitioner society i.e., Fishermen Cooperative Society Limited, Mellacharurrr Village and Mandal, Suryapet District, as arbitrary illegal in violation of principles of natural justice besides being violaLive of the petitioners rights gua-ranteed under Article 14 and 21 of the Constitution of India as well as the provisions of the cooperative societies Act same is a colourable exercise of power and illegal arbitraqz and violate of the principles of natural justice as well as the provisions of the cooperative societies Act and consequently Direct the 4th Respondent to considering the representation submitted by the petitioner dated 16.05.2025 and for grant of fishing order for conducting hshing operations in respect of Thottarn Cheruvu Raghavapuram Village pending disposal of the above writ Petition and pass such other order or Hon'ble Court may deem frt and circurnstarces of the case." proper orders a
2. Ftear,l Sri M.Ram Reddy, learned counse.l for the petitioner and learned Assistant Government pl:ader for Fisheries Ior respondent Nos. 1 to 4 as well as learned Assistant Ciovernment Pleader for Home appearing on behalf rrf respondent No.5.
3. With r.he consent of the learned counsel for the parties, tht: writ petition ls disposed of at the stage of admission
4. During the course of hearing, learned counsel for the petitionr:r submitted that the petitioner_society submitted represerrtation before respondent No.4 on 16.OS.2O2S requesting them to grant permission for conducting fishing operatio n in respect of Thottam Cheruvu (Raghavr,rpuram village) whir:}-r under the area of Fisherme,n C.operative Society Lir-rited, Mellacharuvu village and Llanda1, Suryaper. District and till date, respondent No.4 tras not taken any str:ps to consider the same.
5. Learnerl Assistarrt Government pleader for fir,iheries submitteC that respondent No.4 will consider the represenl ation by the petitione.r-Societ.y 3
16.05.2025 arrd requested the Court to grant reasonable time.
6. Taking into consideration the facts and circumstances of the case ald submissions of respective parties and without expressing any view on the merits of the case, this Court deems it appropriate to dispose of the Writ Petition, by directing respondent No'4 to consider the representation made by the petitioner-Society on 16.05.2025 and pass appropriate order in accordance with law as expeditiously as possible preferably within a period of ten (10) days from the date of receipt of a copy of this order. 7 Accordingly, the Writ Petition is disposed of' There shall be no order as to costs. Miscellaneous applications pending, if any' shall stand closed. //TRUE COPY// SD/.V, KAVITHA PUTY REGISTRAR SECTION OFFICER To, I \
1. The PrinciP al Secretary, Fisheries DePartment, Dr State Secreta riat, Khairtabad, HYderabad, Telan gana 5OO022 2 TheCommissioner Of Fisheries i Exofficio, Registrar of CooPerative Societies Telangana [\ilatsYa Bhavan Shanth inagar VijaY anagar ColonY R.Ambedkar Telangana Fisheries Hyderabad
3. The District Collector' Suryapet' At Suryapet District 4. The District Fisheries Officer' Suryapet' at Suryapet District I
5. The station llouse officer, Mellacheruvu police sitation At Mellacheruvu, Suryapet )istr ct.
6. One CC kr SR S CHANDRA MOHAN REDDY, Advocate [OprJC] 7. Two CCs to GF, FOR FISHERIES, High Court for the Stale :f Telangana at 8. Two CCs to (lP FOR HOME, High Court for the State or Telangana at Hyderabad IOl.JT] Hyderabad IOLJT]
9. Two CD Copier; \ BSR BS 4- u l i i I i i I VACATION COURT HIGH COURT DATED:21 10512025 ORDER WP.No.15247 of 2025 ; s i,. t '\ f 22 .$F', 2$t5 o L -> I I rO - v,'- , ' r'r a, r: '. = ''. -:1:-- DISPOSINIS OF THE WRIT PETITION, WITHOUT COSTS 0 l{ ^5 //" ,tt'