IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.22558 of 2009 Between: The Fishermen Co.op. Society, Mittapali (Proposed Society) Mittapalli Village, Siddipet Mandal, Medak District ..... PETITIONER AND The Commissioner, Department of Fisheries, Matshya Bhavan, Shati Nagar, Vijayanagar Colony, Hyderabad and another ....RESPONDENTS Counsel for the Petitioner : Counsel for the Respondents : The Court made the following : THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.22558 OF 2009 ORDER: The matter is coming up for admission. 2. Heard Sri K.Madhusudhan Reddy, learned counsel representing the petitioner and learned Government Pleader for Fisheries, representing respondents. 3. This writ petition is filed for a writ of mandamus declaring action of the respondents in not according permission to register the Fishermen Co-operative Society, Mittapali, Mittapalli Village, Siddipet Mandal, Medak District, under the provisions of Andhra Pradesh Co-operative Societies Act, 1964, (for short, “the Act”) as bad, arbitrary and contrary to the provisions of the Act and also offending Articles 14, 19 and 21 of the Constitution of India and consequently to direct the respondents to register the Fishermen Co-operative Society, Mittapalli, Mittapalli Village, Siddipet Mandal, Medak District, under the Act. 4. Several facts have been narrated in the affidavit filed in support of the writ petition. 5. It is stated that the members of the petitioner Society belong to Fishermen Community hailing from Mittapalli Village, Medak District, and 200 families of other community had been residing in their village and eke out their living by way of fishing in and around the tanks of their village. They have been breeding and fishing in tanks namely Gundla Cheruvu, Kummari Kunta, Darshan Kunta and Volka Cheruvu, which are surrounding their villages. Thus, all their community people who are surviving on fishing intended to form as an Organization with its main object of fishing and promotion of economic interest of all the members. 6. It is further stated that the primary intention of their association is to uplift the downtrodden community in their village. Accordingly, the State Government had been issuing orders to the Department concerned for the uplift of Fishermen community by bringing up the intensive fish culture. For flawless execution of intention of the Legislature in its letter in spirit, the persons of the community have to organize a separate society and have to approach the Registrar of Co- operative Societies, and shall make a representation, as required under Section 6 of the Act. The Registrar who is empowered to register the society under Section 7 of the Act, after due satisfaction of the requirements specified under the Act, shall register the same. That apart, the Assistant Director of Fisheries is known as Functional Registrar, who is the competent authority to register the Fishermen Co- operative Society, whenever the Fishermen forms a society and apply for registration. 7. It is also further stated that the fishermen of Mittapalli Village i.e., proposed society, having 30 members, had formed as Fishermen Co- operative Society, Mittapalli, had been fishing in the following tank with its area of operation as follows: S.No. Name of the Tank Name of the Village Extent of the Tank in ac. 1. Gundla Cheruvu Mittapalli 45.00 2. Kummarikunta Mittapalli 13.00 3. Darshana Kunta Mittapalli 42.09 4. Valka Cheruvu Mittapalli 56.06 Total 157.50 8. It is also further stated that in compliance of provisions of the Act, on behalf of all the members of their Organization, the petitioner made a representation dated 20-08-2008 to respondent No.2 i.e., Assistant Director of Fisheries, Medak District, and requested to consider their organization and register the same as The Fisheries Co-operative Society, Mittapalli, under Section 7 of the Act and respondent No.2 having received the same acted upon their representation by issuing a Memo bearing No.646/D/08, dated 19-09-2008, whereby he directed the F.C.O., Siddipet to submit a report to take appropriate action on the representation given by the petitioner Society. 9. It is further stated that even after lapse of one year the respondents had neither registered the proposed society nor assigned any reason for causing delay in registering the society. Even though several representations to respondent No.2, to consider their case and register the Fishermen Co-operative Society, Mittapalli, were made, till now nothing had been done. In the light of the same the present writ petition had been filed. 10. It is stated that the enquiry had already been conducted. In the light of the facts and circumstances, this Court is of the considered opinion that the writ petition can be disposed of directing respondent No.2 to consider the case of the petitioner for registration of the petitioner Society in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of with the above direction. There shall be no order as to costs. ___________________ P.S.NARAYANA, J October 22, 2009 MD