1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.3202 of 2011 Bevin ... Petitioner Vs. 1.The District Collector, District Collectorate Campus, Thoothukudi, Thoothukudi District. 2.The superintendent of Police, District Collectorate Campus, Thoothukudi, Thoothukudi District. 3.The Assistant Director of Fisheries, Thoothukudi Fishing Harbour Campus, Beach Road, Thoothukudi, Thoothukudi District. 4.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Thoothukudi District. 5.Thoothukudi District Boat Owners Association, rep.by its Secretary, Joe Bai, Thoothukudi Fishing Harbour Campus, Beach Road, Thoothukudi, Thoothukudi District. 6.Thoothukudi District Boatmen Labours Association, rep.by its Secretary, Jesu, Thoothukudi Fishing Harbour Campus, Beach Road, Thoothukudi, Thoothukudi District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the official respondents 1 to 3, to initiate appropriate legal action against the 5th and 6th respondents for indulging in Kattapanchayat and passing unlawful decrees of excommunication and fine upon the petitioner on the basis of the petitioner's representation dated 28.02.2011. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner : Mr.A.Thiruvadikumar For Respondents 1 to 4: Mr.K.Balasubramanian, Additional Government Pleader. For Respondents 5 & 6 : No appearance O R D E R The petitioner would contend that he is one of the fish auctioners in Thoothukudi Fishing Harbour and he is doing fishing business. He was the Assistant Secretary of the Fish Auctioners Association. He only claims that there are disputes between the association and him and they have levied a fine of Rs.10 lakhs and they are prohibiting him to enter into the fish harbour to do his business. Therefore, he would contend that this is one of excommunication done by the members of the association. Therefore, he has come forward with this writ petition for a Mandamus, to direct the respondents 1 to 3, to initiate appropriate legal action against the respondents 5 and 6 for indulging in Kattapanchayat and passing unlawful decrees of excommunication and fine upon him based on the petitioner's representation, dated 28.02.2011. 2.Unfortunately, this is purely a dispute between the association and the petitioner as Member and secretary of the said association. Insofar as the claim that he is prohibited from entering into the harbour, he has not even made any representation to the harbour authorities. Further, it is not the case of the petitioner that the harbour authorities or the Government officials are prohibiting him from entering into the harbour. Therefore, when that is not the case, as such, the prayer cannot be maintained and no writ will lie in respect of the dispute inter se between the member and the said association. Therefore, the writ petition is dismissed. It is always open for the petitioner to approach the appropriate forum to redress his grievance. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, District Collectorate Campus, Thoothukudi, Thoothukudi District. 2.The superintendent of Police, District Collectorate Campus, Thoothukudi, Thoothukudi District. https://hcservices.ecourts.gov.in/hcservices/ 3 3.The Assistant Director of Fisheries, Thoothukudi Fishing Harbour Campus, Beach Road, Thoothukudi, Thoothukudi District. 4.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Thoothukudi District. +1cc to the Special Govt.Pleader, Sr.No.15114 sms ssk/18.05.2011 /6c-3p/- Writ Petition (MD)No.3202 of 2011 25.04.2011 https://hcservices.ecourts.gov.in/hcservices/