IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6268 of 2008 Between: C.Mohan Muni S/o.late Venkataswamy R/o.B.C. Colony, Dodlametta village, Karakambadi Post, Renigunta Mandal, Chittoor District. ..... PETITIONER AND 1 The Commissioner of Fisheries, A.P., Hyderabad. 2 The Regional Director of Fisheries, Bangarupet, Kurnool Dist. A.P. 3 The Assistant Director of Fisheries, Chittoor, Chittoor District. 4 The District Collector, Chittoor, Chittoor District. 5 The Mallimadugu Fisheries Co-op Society Ltd., Karakambadi Post, Renigunta Mandal, Chittoor 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus: Declare the inaction on the part of the respondents in including the petitioner's name as a member of 5th respondent society amounts to erroneous, arbitrary and violative of Art. 14, 19 and 21 of the Constitution of India and consequently direct the 5th respondent Society to permit the petitioner by participating catch the fishes and to share the profits on par with the other members of the society in the interest of justice. Counsel for the Petitioner:MR.T.C.KRISHNAN Counsel for the Respondent Nos.1 to 3: GP FOR FISHERIES Counsel for the Respondent No.4 : GP FOR REVENUE Counsel for the Respondent No.4 : - NONE - The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6268 of 2008 ORDER: It is the case of the petitioner that his father was a member of fishermen cooperative society, and he died on 01.11.2001. Immediately after death of his father, he approached the 5th respondent society and made a representation requesting to include him as a member of the society, but in vain. Thereafter, petitioner made representations to the 2nd respondent on 03.02.2002 and 03.02.2008 requesting to direct the 5th respondent to include him as a member of the society, but the 2nd respondent has not considered his representations and passed any orders thereon. Hence, this writ petition. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Fisheries appearing for respondents 1 to 3 and the learned Assistant Government pleader for Revenue, appearing for the 4th respondent. As it is represented that the 3rd respondent-Assistant Director of Fisheries, Chittoor, is the competent authority to decide the issue and as the earlier representations made by the petitioner were to the 2nd respondent, petitioner is directed to give a fresh representation to the 3rd respondent, within a period of two weeks from today, and on receiving such representation, the 3rd respondent shall consider the same and pass appropriate orders within a period of two weeks thereafter. With the above directions, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. __________ 19.04.2008 Note: Furnish C.C. in two days. (B/o) sh To 1 The Commissioner of Fisheries, A.P., Hyderabad. 2 The Regional Director of Fisheries, Bangarupet, Kurnool Dist. A.P. 3 The Assistant Director of Fisheries, Chittoor, Chittoor District. 4 The District Collector, Chittoor, Chittoor District. 5 The Mallimadugu Fisheries Co-op Society Ltd., Karakambadi Post, Renigunta Mandal, Chittoor District. 6. Two C.Cs to 7. Two C.D. copies.