This writ petition has been filed seeking for a Writ of Mandamus, to direct the fourth respondent to conduct the public auction, in respect of the fishing rights, in `Kallanani Kalvai River'.
2. The petitioner has filed the present writ petition stating that he is a member of Parvatharajagula Inland Co-operative Sangam, Thanjavur. He had joined the Sangam in the year, 1993. While so, the fourth respondent is attempting to conduct the auction, on 10.12.2009, in respect of the fishing rights relating to `Kallanani Kalvai River', without following the rules and regulations applicable to such public auction to be held, on 10.12.2009. He had also stated that an advertisement has been made in 'Dinamalar' newspaper, dated 26.11.2009, stating that a meeting would be held, on 10.12.2009, for the allotment of lots in the rivers and ponds for the fasli 1419.
3. The petitioner has further stated that even though the said advertisement requests all the members of the Sangam to participate, the fourth respondent would only allot the fishing rights to certain selected persons. Therefore, the petitioner has preferred the present writ petition before this Court, under
Article 226 of the Constitution of India.
4. In view of the averments made in the affidavit filed in support of the petition and on consideration of the submissions made by the learned counsel appearing on behalf of the petitioner, this Court is of the considered view that the writ petition is not maintainable, in view of the decision of the larger Bench of this Court, in K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal - 636 001 and another, reported in (2006 (4) CTC 689), since the prayer in the writ petition is against the fourth respondent, who is the Special Officer of Thanjavur Parvatha Rajagula Inland Fishermen Co-operative Sangam Limited, which is a Co-operative Society registered, under the Tamil Nadu Societies Registration Act, 1975. The petitioner has not been in a position to show that the fourth respondent would fall under the definition of 'State', under
Article 12 or authority, under
Article 226 of the Constitution of India. Further, the writ petition has been filed on a mere apprehension that the petitioner would not permitted to participate in the public auction to be held, on 10.12.2009.
5. The only request of the petitioner at this stage of the hearing of the writ petition is that the petitioner should be permitted to participate in the public auction to be conducted, on 10.12.2009, in respect of the fishing rights, in `Kallanani Kalvai river'.
6. In such circumstances, it is appropriate for this Court to observe that it would be open to the petitioner to participate in the public auction, as and when it is conducted, if the petitioner is qualified to participate in the same and if there are no other legal impediments preventing the petitioner from participating in the said auction.
The writ petition is disposed of with the above observations. No costs. Consequently, connected M.P is closed.
cs To
1.The Commissioner of Fisheries, Commissioner Office, D.M.S. Campus, Thenampettai, Chennai.
2.The Assistant Director of Fisheries, Inland Fisheries and Domestic Fisheries, Thiruvarur - 1.
3.The District Collector, Collectorate Office, Thanjavur.
4.The Special Officer, Thanjavur Porvatha Rajagula Inland, Fishermen Co-Operative Sangam Limited F(T) 45, No.13, G.A. Ganal Road, Thanjavur.