IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14233 OF 2010 Between : Sri Baidevathamma Fishermen Co-operative Society Rep.by its President K.Rami Reddy. .... PETITIONER AND 1. The Commissioner of Fisheries. 2. The Assistant Director of Fisheries. 3. The Tahasildar, Srikalahasti. 4. The Circle Inspector of Police. …RESPONDENTS THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14233 OF 2010 ORDER: This Writ Petition has been filed by Sri Baidevathamma Fishermen Co-operative Society, represented by its President K.Rami Reddy, with a prayer to issue writ or order or direction in declaring the action of Assistant Director of Fisheries, Chittoor, Chittoor District in issuing the letter in R.C.No.1094/B/2009, dated 08.03.2010, is arbitrary and illegal. 2. The petitioner is a society comprising of fishermen as its members. It is registered in the year 2001 under the provisions of A.P.Co-operative Societies Act, 1964. The present members of the society are 23. The society obtained lease of fishing rights in respect of Tondamanadu Tank extending over 650 acres. When the petitioner society has been harvesting fish crop, an instructions came to be issued by the Assistant Director of Fisheries, Chittoor on 08.03.2010, directing the petitioner’s society to permit only its members to participate in fishing operations. Relevant portion of the letter dated 08.03.2010 reads as hereunder: “In the reference above cited, the Commissioner of Fisheries informed that the fishery wealth in Tondamanadu Tank has to be caught by the members of the Society only. If any others catch the fish the lease order will be cancelled. So the President, Fishermen Co-operative Soceity is hereby directed that the members of the Society alone has to participate in the fishing operations. If any outsiders are allowed to catch the fish in violation of these orders the lease order will be cancelled”. 3. Assailing the said letter, the society has filed this writ petition. When the writ petition came up for admission, the learned Government Pleader for Fisheries takes notice on behalf of the Respondent Nos. 1 and 2. 4. Heard the learned counsel appearing for the petitioner society and the learned Government Pleader appearing for Fisheries. 5. Learned counsel appearing for the petitioner submits that engaging the services of the labour has become eminent because of the lease is going to be expired by 30.06.2010, and the fishing activity has to be completed by that date. 6. Learned Government Pleader appearing for the fisheries submits that it is the members alone who have to carry out the fishing activities in the leased tank and non-members are not entitled to participate in the fishing activities. 7. There is no dispute that it is the members of the petitioner society who have to carry on the fishing activities in the leased tank. But the Bye-laws of the society do not prohibit engaging the labour by the society in ancillary activities. 8. In that view of the matter, the writ petition is disposed of directing the respondents not to interfere with fishing activity of the petitioner society so long as the same is carried by its members alone. However, the members of the society can engage the services of the labour for ancillary activities, such as lifting the fish crop from tank to the bund. 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. _____________________________ B.SESHASAYANA REDDY, J JUNE 22, 2010. YVL Note: Issue C.C.within two days. (B/o) YVL