IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13577 of 2008 Between: Mr.Allam Gangaram S/o.Sayanna R/o.Nasrullabad Village, Birkur Mandal, Nizamabad District. ..... PETITIONER AND 1 Fisheries Co-operative Society, Nasrullabad, Represented by its President Mr.Pandiri Sailoo S/o.Shivaboi, R/o.Nasrullabad Village of Birkur Mandal, Nizamabad District. 2 The Commissioner, Department of Fisheries, Mathya Bhavan, Shanti Nagar, Hyderabad - 500 028. 3 The Assistant Director of Fisheries, Arsapally Village / Street, Nizamabad District. 4 The Fisheries Development Officer, Nizamsagar Village, and Mandal, Nizamabad District. .....RESPONDENTS 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 or order or direction more particularly one in the nature of Writ of Mandamus, declare the action of the 2nd respondent in not considering the representation dt.5.09.2007 made by the petitioner is illegal arbitrary and violative of Article 14 of the Constitution of India and apart from being violative of principles of natural justice and consequently direct the 4th respondent to submit the skill test report conducted on 23.12.2005 to the 3rd respondent and further direct the 3rd respondent to issue necessary proceedings for admission of the petitioner into the Fisherman Co-operative Society, Nasrullabad, Birkur Mandal, Nizamabad District and pass such other order or orders. Counsel for Petitioner: MR.VENKATA RANGADAS KANURI Counsel for Respondents: GP FOR FISHERIES The Court made the following : ORAL ORDER: This writ petition is filed seeking a declaration that the alleged inaction on the part of the 2nd respondent – Commissioner of Fisheries, Hyderabad in considering the representation of the petitioner dated 5.9.2007 as arbitrary and illegal. The petitioner claims that he underwent a skill test on 23.12.2005 and that apart he is also a permanent resident of Nasrullabad village and therefore he is entitled to the membership of the 1st respondent -Fishermen Co-operative Society which is carrying on fishing operations in a tank situated in Nasrullabad village. It is also alleged that as a matter of fact many of the members included in the 1st respondent society were ineligible since they were unskilled. The grievance of the petitioner is that though all the above said facts were brought to the notice of the 2nd respondent by representation dated 5.9.2007 with a request to include his name as a member of the 1st respondent society, the same has not been considered so far. Having heard the learned counsel for the petitioner as well as learned Government Pleader appearing for the respondents 2 to 4 and particularly in view of the fact that the representation of the petitioner, which was received in the office of the second respondent on 6.09.2007, is pending for consideration, without expressing any opinion on merits, the Writ Petition is disposed of at the admission stage with a direction to the second respondent to make necessary enquiry into the allegations made by the petitioner after due notice to the first respondent-society and pass appropriate orders in accordance with law, as expeditiously as possible preferably within a period of two weeks from the date of receipt of a copy of this order. In the meanwhile, the petitioner is at liberty to make a request before the second respondent for interim orders if any, with regard to fishing operations in the tank in question. No costs. ____________ (G. Rohini, J.) 27th June, 2008 Note: C.C. in 2 days. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The President, Fisheries Co-operative Society, Nasrullabad, Mr.Pandiri Sailoo, S/o.Shivaboi, R/o.Nasrullabad Village of Birkur Mandal, Nizamabad District. 2 The Commissioner, Department of Fisheries, Mathya Bhavan, Shanti Nagar, Hyderabad - 500 028. 3 The Assistant Director of Fisheries, Arsapally Village / Street, Nizamabad District. 4 The Fisheries Development Officer, Nizamsagar Village, and Mandal, Nizamabad District. 5 2 CCs to G.P. for Fisheries, High Court of A.P.Hyderabad.(OUT) 5 2 CD copies.