IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 26871 of 2008 Between: 1 Mohd. Khasim S/o. Jaffar Cheruvumadaram (V), Nelakondapally (M), Khammam District. 2 Akula Chandar Rao S/o. Venkaiah Cheruvumadaram (V), Nelakondapally (M), Khammam District. 3 Palthya Kotia S/o. Tavuria Cheruvumadaram (V), Nelakondapally (M), Khammam District. R/o. Mangapuram Thanda. 4 Shaik Gaffar S/o. Masthan Cheruvumadaram (V), Nelakondapally (M), Khammam District. 5 Linganaboina Venkateswarlu S/o. Hussain Cheruvumadaram (V), Nelakondapally (M), Khammam District. R/o. Raigudem. 6 Peraboina Nageswar Rao S/o. Kotaiah Cheruvumadaram (V), Nelakondapally (M), Khammam District. ..... PETITIONERS AND 1 The Assistant Director of Fisheries, Khammam. 2 Teega Ramulu S/o. Tirpaiah R/o. Raigudem (V) Nelakondapally (M), Khammam District. 3 S.K. Babu S/o. Fatesh Mahammed R/o. Cheruvumadaram, Nelakondapally (M), Khammam District. 4 T. Raghavulu S/o. Tirpaiah R/o. Cheruvumadaram, Nelakondapally (M), Khammam District. 5 Saleem Dhanamurthy S/o. Gantaiah R/o. Cheruvumadaram, Nelakondapally (M), Khammam District. 6 Tejavath Balu S/o. Keshya R/o. Regulagadda Thanda, Nelakondapally (M), Khammam 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 writ or direction preferably writ of mandamus declaring the notice issued by respondent No.1 vide Notice No.998/A/08 dt. 02.12.2008 as illegal, arbitrary, contrary to record and violative of principles of natural justice and consequently set aside the same. Counsel for the Petitioners:MR.KOWTURU VINAYA KUMAR Counsel for respondent No.1: GP FOR FISHERIES Counsel for respondents 2 to 6:MR P.PRABHAKAR REDDY The Court made the following : O R D E R: This writ petition is filed seeking a Mandamus declaring notice No.998/A/08 dated 02-12-2008 issued by respondent No.1-Assistant Director of Fisheries, Khammam, as arbitrary, illegal, contrary to the record, violative of principles of natural justice and consequently set aside the same. It appears that through the impugned notice issued by respondent No.1 a meeting of the Managing Committee was sought to be conducted on 12-12-2008 at 11.00 hours at the Office of the Gram Panchayat, Cheruvu Madhavaram. The notice states that five members claiming to be the Managing Committee members of the Fishermen Industrial Cooperative Society (for short “the Society”) have filed an application seeking removal of the President of the Society. Further it came to the notice of respondent No.1 that (1) Tejavath Babu (2) Sk.Babu (3) Theega Ramulu (4) Thota Raghavulu (5) Seelam Dhanaiah were not interested to work in the Managing Committee and they submitted resignations to the President of the Society and new members were inducted into the Managing Committee afresh. For the purpose of discussing the issues of no confidence against the President of the Society and the resignation submitted by respondent Nos.2 to 6, who were the directors of the Society, the meeting was sought to be conducted. Ex facie there is no necessity to go into all the details. It is always open for respondent No.1 to examine as to whether any director has been removed without there being any resolution passed by the Society or whether he has submitted resignation on his own or otherwise. But, no confidence motion cannot be taken up without following the due procedure of law. In this case, absolutely there is no procedure followed for the purpose of taking up the motion of no confidence against the President of the Society. Generally speaking, 15 days prior notice of no confidence motion needs to be served on all the members of the Society fixing a date for the said purpose. Admittedly, no such notice has been issued by respondent No.1. Since respondent No.1 has not followed the procedure as per law before issuing the impugned notice, the same is in gross violation of the principles of natural justice. Therefore, the impugned notice is liable to be set aside. Accordingly, the impugned notice is set aside. However, this will not preclude respondent No.1 from taking appropriate steps as available under the law. The writ petition is accordingly disposed of. No costs. _________________ C.V.RAMULU, J Dated 28th January, 2009 Note: Issue C.C in one week vrn