IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 277 of 2009 Between: Muthrasipalem Fishermen Cooperative Society Ltd. No.E.88, Mutharasipalem Village, Vissannapeta Mandal, Krishna District, represented by its President Maraboyina Pitchaiah S/o. Venkata Swamy aged 58 years, R/o. Muthrasipalem, Vissannapet Mandal, Krishna District. ..... PETITIONER AND 1 Director, Office of Co-operative Societies Fisheries, Machilipatnam, Krishna District. 2 Fisheries Development Officer, Thiruvur, Krishna District. 3 The Revenue Divisional Officer, Nuziveedu, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ Order or Direction particularly Writ of Mandamus directing the respondents to dispose of the representations made by the petitioner on 6.12.2008 and 15.12.2008 and allow the members of petitioner Society to catch the fish in Marumanda Cheruvu, Narsapuram Village, Vissannapeta Mandal Krishna District and pass such other order or orders as this Hon’ble Court may deem fit and proper. Counsel for the Petitioner: MR.M.N.NARASIMHA REDDY Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.277 OF 2009 ORDER: The writ petition is filed by the petitioner seeking writ of mandamus directing the respondents to dispose of the representations made by the petitioner on 6.12.2008 and 15.12.2008 and allow the members of the petitioner society to catch the fish in Marumanda Cheruvu, Narsapuram Village, Vissannapeta Mandal, Krishna District. The petitioner is a registered Fishermen Co-operative Society registered under Section 7 of the Andhra Pradesh Co-operative Societies Act, 1964 on 18.8.1984 with registration No.E-88. The area of operation is over Mutharasipalem, Narsapuram, Thummaluru, Tatakuntta and Chandrupatta Villages. It started its operation on 21.8.1984 and within its operation there are six tanks and the lease amount collected for each tank would be apportioned among Water Users Association and Gram Panchayat of respective tanks and the Fisheries Department. It is stated that the petitioner society has rearing varieties of fish and left them in Maremanda Cheruvu and also obtained a certificate from the Fisheries Department. It is stated that Maremanda Cheruvu is situated in the neighbouring village and the local people are causing some trouble from catching fish to the members of the petitioner society stating that they have no right to claim the fish which is left by the petitioner society. Therefore, the petitioner society filed a complaint before respondents 1 and 2 on 6.12.2008 and 15.12.2008, but no action had been taken by them. It is stated that the Water Users Association of the said Cheruvu addressed a letter requesting the petitioner society to catch the fish so as to enable them to carry out repair works to the bund. As the Water Users Association is pressuring to empty the water and catch the fish for the purpose of repairs and it is not possible to catch the fish without the help of the Department, the petitioner society filed representations to the respondents on 6.12.2008 and 15.12.2008 to allow the members of the petitioner society to catch the fish in the Marumanda Cheruvu. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the representations made by the petitioner society on 6.12.2008 and 15.12.2008 in accordance with law, preferably within a period of ten days from the date of receipt of a copy of this order. No order as to costs. ________________ V.ESWARAIAH, J. 12.1.2009 kpr