THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 12198 OF 2010 Dated 1st June, 2010 Between: Tribal Fishermen Cooperative Society …Petitioner And The Commissioner of Fisheries and another …Respondents Counsel for the petitioner : Ms.M.Vidyavathi Counsel for the respondents: G.P for Fisheries The Court made the following ORDER: This writ petition is filed for a Mandamus to declare the inaction of the respondents in granting lease of fishing rights over ‘Appasamudram Cheruvu’ in favour of the petitioner Society as illegal and contrary to G.O.Ms.No.776 dated 31.12.1990 apart from being unconstitutional. I have heard Ms.M.Vidyavathi, learned counsel for the petitioner, and learned Government Pleader for Fisheries appearing for the respondents. The petitioner is a Fishermen Cooperative Society and its case is that as per the byelaws, its area of operation is extended to all water sources within the Gram Panchayat limits of Marrigudem. It is the further case of the petitioner that ‘Appasamudram Cheruvu’ and other water sources are located in the said Gram Panchayat limits and that therefore, it is entitled to fishing rights over ‘Appasamudram Cheruvu’ in terms of G.O.Ms.No.776 dated 31.12.1990. The petitioner raised a vague plea that its members approached respondent No.2 for grant of leasehold rights, but no order has been passed by respondent No.2 so far. At the hearing, learned counsel for the petitioner stated that the members of the petitioner Society approached respondent No.2 several times, but, however, they did not retain the copies of the representations given by them. The learned Government Pleader for Fisheries submitted that prima facie, the bye-laws filed by the petitioner do not indicate whether ‘Appasamudram Cheruvu’ is one of the water sources existing within the Marrigudem Village and therefore, respondent No.2 may be given liberty to examine the said aspect and take a decision. Having regard to the facts referred to above and the submissions made by the learned counsel for the parties, the writ petition is disposed of with the direction to respondent No.2 to consider the request of the petitioner for granting of fishing rights over ‘Appasamudram Cheruvu’ after giving the President of the petitioner Society an opportunity of personal hearing and communicate his decision to the President of the petitioner within a period of one (1) month from the date of receipt of a copy of this order. As a sequel to disposal of main petition, WPMP No.15384 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 1st June, 2010 vrn