IMPORTANT POINT
The court affirmed that conducting skill tests for new members of a cooperative society is a necessary eligibility condition and does not infringe upon the society's rights.

ORDER :

(Tarlada Rajasekhar Rao, J.)

1. The present Writ Petition is filed under the Constitution of India for the following relief/reliefs:

"..pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in issuing the impugned notice/order vide Rc.No.871/D/2022, Dt.20.04.2023 to conduct skill test on 09.05.2023 at Y.T. Cheruvu (V), Guntakal (M), Anantapuram District to the admission of new members into the Fishermen Co. Op Society Ltd., Y.T. Cheruvu (V), Guntakal (M), Anantapuram District as bad, illegal and contrary to Sec. 19 of Andhra Pradesh Co-operative Societies Act, and apart from violation of Principles of natural Justice and Arts. 19 and 21 of constitution of India and consequently set aside the same and to pass.....

2. The present Writ Petition is filed by the Petitioner i.e. Fishermen Cooperative Society Limited (Registered No.1353), Y.T. Cheruvu Village, Guntakal Mandal, (hereinafter called as Society) assailing the proceedings in R.C. No.871/D/2022, dt.20.04.2023, wherein 4th respondent i.e. The District Fisheries Officer-cum-Deputy Director of Fisheries, addressed a letter to the Divisional Cooperative Officer, Anantapur, and marked a copy to the Petitioner Society "to conduct skill test to the Organization of new Fishermen Cooperative Society".

3. The said proceedings were assailed in the present Writ Petition asserting that the Society was registered in the year 1951, comes under the provisions of Andhra Pradesh Cooperative Societies Act, 1964 (hereinafter called "Societies Act" for brevity) and the Society is having only one tank which is known as Yerra Thimmaraju Cheruvu/Y.T. Cheruvu, Y.T. Cheruvu Gramapanchayat and the Society consists of 186 members and the society is being maintained by the Managing Committee duly elected by the general members of the Society and the Society is obtained lease of fishery rights from the Fisheries Department, Anantapuram, and there are 106 old members and subsequently Petitioner-society received applications from 80 genuine fishermen including legal representatives of deceased members of the Society and the viability of the said Y.T. Cheruvu is sufficient to the members of the society and the society is running without any inter se disputes in between members of the society and it is pertinent to submit that where the 4th respondent want to conduct skill test for the members to admit into the petitioner-society who were made applications to the society and the same was rejected by the society under Section 19 of the Societies Act. And they have not challenged the same before the Tribunal under Section 76 of the Act and no applications/J-Forms are pending before the petitioner- society. And admission of new members into the petitioner-society is not viable and therefore prayed to set aside the proceedings dated 20.04.2023 issued by the 4th respondent to conduct skill test to the organization of the fishermen society.

4. Pending the Writ Petition, I.A. No.3 of 2023 is filed to implead the party respondents as respondent Nos.6 to 129 on the ground that they have made an application to the respondents under Section 19(2) A to admit them as members of the Petitioner- Society as the tank consist cultivable land of 887.39 acres/335 hectors and as per the G.O.Ms.No.74 Animal Husbandry (AHDD) and Fisheries [F-II] dated 21.10.2011 issued by the Government of Andhra Pradesh, for admission of the new membership into the existing society is one hectare for one applicant irrespective of seasonality of the Tank and the petitioner society is having only 97 members and the projection of non availability of said Tank, by the petitioner-society is not true and correct and therefore greatly effecting their right to life and if they are not admitted or inducted to the petitioner-society, they are unable to survive their life and which amounts to depriving their life to live guaranteed under Section(sic article) 21 of t