ORDER:

Heard Sri M.V.Hanumantha Rao, learned counsel appearing on behalf of the petitioner, and learned Assistant Government Pleader for Animal Husbandry & Fisheries appearing on behalf of the respondents.

The petitioner approached the Court seeking prayer as under:

“….to issue writ or direction preferably Writ of Mandamus declaring the inaction of the respondent no.3 in granting permission to the petitioner society for enrolment only 39 fishermen as members and not considering remaining 82 fishermen as members as per the resolution dt 27.4.2023 and restricting to only 39 members through impugned proceedings no. 305/A/2023 dt 16.01.025 as illegal. arbitrary and violative of principles of natural justice and consequently direct the respondents to grant permission to the petitioner society to admit remaining 82 fishermen as members in to society as per resolution and pass.…”

The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under:

The petitioner society was originally registered with 48 members. Based on the water spread area norms, the membership strength is eligible to be increased. Accordingly, a resolution dated 27.04.2023 was passed seeking enrolment of 119 fishermen. However, the 3rd respondent permitted the enrolment of only 39 members vide proceedings No. 305/A/2023 dated 16.01.2025, leaving 82 applicants unconsidered. Aggrieved thereby, the petitioner had submitted a representation dated 28.01.2025 through a public representative, requesting consideration of all eligible members and conduct of skill tests; however, the same remains pending. Despite the viability and eligibility, no further action had been initiated by the authorities. Such restriction is arbitrary, contrary to G.O.Ms. No. 74 dated 21.01.2011, and violative of the principles of natural justice, thereby adversely affecting the livelihood of the fishermen. Hence, the petitioner had approached this Court by filing the present writ petition.

PERUSED THE RECORD

DISCUSSION AND CONCLUSION:-

Learned counsel appearing on behalf of the petitioners mainly puts-forth the following submissions:-

i) Vide resolution, dated 27.04.2023, the General Body of the Fishermen Cooperative Society resolved to request the District Fisheries Officer to conduct a professional skill test and provide membership to 119 individuals belonging to Mudiraj community of Jillepalli Village who had applied for membership in the society, the said resolution, dated 27.04.2023 had been passed unanimously.

ii) How ever, vide the impugned proceedings vide Proc.No.305/ A/ 2023, dated 16.01.2025, the respondent No.3 permitted enrollment of only 39 members to join as new members in Fishermen Cooperative Society, Jallepalli Village, Thirumalayapalem Mandal, Khammam District.

iii) The 3rd respondent is bound to consider all the applicants for admission and examine the eligibility criteria conducting skill test, and grant enrollment to all the eligible members as unanimously resolved by the resolution of the Fishermen Cooperative Society, dated 27.04.2023, but how ever permitting enrollment of only 39 members by excluding remaining 82 fishermen from membership in the society is totally discriminatory.

iv) The petitioner society made a detailed representation, dated 28.01.2025 to the respondent No.3 herein, which was acknowledged by the office of the 3rd respondent herein. How ever, no action had been initiated on the said petitioner’s representation as on date.

Based on the aforesaid submissions, learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled for the grant of relief as prayed for by the petitioner in the present writ petition.

The learned Assistant Government Pleader for Animal Husbandry & Fisheries appearing on behalf of the respondents submits that the grievance of the petitioner as put-forth in the petitioner’s representation, da

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