W.P.(MD).No.7649 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 08.04.2021

CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

W.P.(MD).No.7649 of 2021

and

W.M.P.(MD).No.5818 of 2021

Pechiparai & Perunchani Reservoirs

Fishermen Co-operative Society Limited,

represented through its Chief Promoter,

T.Ramdoss

...Petitioner

Vs.

The Assistant Director of Fisheries,

Opposite to Omni Bus Stand,

Vadaseri, Nagercoil-629 001,

Kanyakumari District.

... Respondent

Prayer: This Petition filed under Article 226 of the Constitution of

India, to issue a Writ of Certiorarified Mandamus, calling for the

records on the file of the respondent in respect of the order passed

in Na.Ka.No.1690/E1/2020, dated 30.01.2021 and quash the same and

direct the respondent to issue the Certificate of Registration

together with registered by-law of the petitioner Society.

For Petitioner

: Mr.V.O.S.Kalaiselvam

For Respondent

: Mr.B.Bhagawathy

ORDER

On consent given by either side, the main Writ Petition

itself is taken up for final hearing at the admission stage itself.

2. This Writ Petition has been filed challenging the

impugned proceedings of the respondent dated 30.01.2021 and for a

direction to the respondent to register the petitioner Society and

grant necessary certificate.

3. The petitioner Society consists of members, who are

fishermen, who conduct fishing activities at two reservoirs.

According to the petitioner Society, the fishing activities have

been done for more than twenty years. The petitioner submitted

applications before the respondent seeking for registration of the

Society under the Tamil Nadu Co-operative Societies Act, 1983.

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https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD).No.7649 of 2021

4. On receipt of the applications from the petitioner, a

report was called for and the report is filed at Page No.19 of the

typed set of papers.

This report was submitted by the

Superintendent. Pursuant to the submission of the report, the

petitioner Society submitted proposed by-laws before the respondent.

The same was not considered and therefore, the petitioner again sent

a reminder on 18.01.2021.

5. The respondent through the impugned proceedings dated

30.01.2021 after specifically recognizing the fact that there is a

deemed registration under Section 9 (3) of the Tamil Nadu Co-

operative Societies Act, 1983, since the application of the

petitioner was not considered within a period of 120 days, directed

the petitioner to get a No Objection Certificate from four other

Societies in order to grant a certificate of registration to the

petitioner. Aggrieved by the same, the present Writ Petition has

been filed before this Court.

6. Heard Mr.V.O.S.Kalaiselvam, learned counsel for the

petitioner and Mr.B.Bhagawathy, learned counsel for the respondent.

7. It is an admitted case that after the application was

submitted by the petitioner on 02.07.2020, a report was called for

from the Superintendent and it was specifically mentioned in the

report that the fishing rights are claimed only insofar as the two

reservoirs are concerned and there is no right for any other Society

in these two reservoirs. Section 9 (3) of the Tamil Nadu Co-

operative Societies Act, 1983, mandates that where an application is

not considered within the period of 120 days from the date of

submission, there is a deemed registration as contemplated under

Section 9(4) of the Tamil Nadu Co-operative Societies Act, 1983. In

the present case, the 120 days expired on 01.10.2020.

8. The respondent has specifically recognized this right of

deemed registration even in the impugned proceedings. However, the

respondent thought it fit to direct the petitioner to get a No

Objection Certificate from four other Societies in order to grant a

Certificate of registration to the petitioner.

9. In the considered view of this Court, ther