IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO :2450 of 2006 Dated 13th December, 2006. Between The Fishermen Cooperative Society, Mellore (Proposed Society) rep. By its Chief Promoter P.Yadagiri. …Petitioner and The Commissioner of Fisheries, Department of Fisheries, Matshya Bhavan, Shanthinagar, Vijayanagar Colony, Hyderabad and anor. …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO :2450 of 2006. ORDER: The petitioner, fishermen Cooperative Society, registered under the A.P. Cooperative Societies Act, 1964, has filed this Writ Petition seeking Writ of Mandamus to declare the action of the respondents 1 and 2 in not granting permission to register/organize separate fishermen cooperative society in Mellore village of Yeldurthi Mandal, Medak District as illegal and arbitrary. There is a fishermen cooperative society in Yeldurthy village of Yeldurthy Mandal, Medak District. The village Mellore is in the area of operation of the third respondent-fishermen cooperative society. It is stated that the third respondent-society was registered in the year 1970, and, apart from Yeldurthy village, there are six villages, namely, Achampet, Mellore, Peddapur, Vedulapally, Pothulagali and Aryagudem in the area of operation of the third respondent Society. Some persons stating to have been natives of Mellore village have filed a representation seeking permission to organize and register a separate fishermen cooperative society in Mellore village by deleting the Mellore village from the area of operation of the existing third respondent-society. It is the grievance of the petitioner that though enquiry was conducted earlier and the claim of the applicants was found to be bona fide, but however, no further steps have been taken in accordance with the provisions of the A.P. Cooperative Societies Act, 1964 for deletion of the said village from the area of operation of the third respondent- society. In the counter affidavit filed on behalf of the second respondent, it is stated that the total membership of the third respondent-Fishermen Cooperative Society, Yeldurthi, is 110 and having regard to water spread area available in the area of operation of the third respondent, even if separate society is organized in Mellore village, the economic viability of the third respondent-society will not be affected. Learned counsel for the petitioner was permitted to serve notice on the third respondent by Registered Post Acknowledgment Due. He filed proof of service of notice. In spite of service of notice, there is no representation or appearance for the third respondent. As much as Mellore village is in the area of operation of the existing third respondent-society, firstly, steps have to be taken for deletion of Mellore village from the area of operation of the third respondent-society, by passing appropriate orders by the competent authority as per the provisions of the A.P. Cooperative Societies Act, 1964. Inasmuch as the representation of the petitioner-society is pending consideration right from the year 2002, and, further, it is stated in the counter affidavit that even if Mellore village is deleted from the area of operation of the third respondent-society, the economic viability of the third respondent will not be affected, I dispose of the Writ Petition directing the respondents 1 and 2 to take appropriate steps on the application of the petitioner for formation of separate society and pass appropriate orders after giving opportunity to the third respondent, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. Subject to the above direction, the Writ Petition is disposed of. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 13-12-2006. Msnr.