A.ARJUNAN Vs. FISHERY INSPECTOR, METTUR FISHERIES DEPARTMENT

JUDGEMENT

(1.) This Writ Petition has been filed in the nature of Writ of Mandamus, seeking a direction against the respondent namely, the Fishery Inspector, Mettur Fisheries Department, Mettur Dam -1, Salem District, to return Rs.45,000/- collected from the petitioner and direct the respondent not to indulge in preventing the petitioner from selling / transporting dry fish.

(2.) The petitioner claims to be a dry fish merchant, doing the business in the name of Annamalai Agencies. He claims that he used to purchase dry fish from various States like, Tamil Nadu, Karnataka and Andhra Pradesh and sell the same in open market. He had also obtained licence to run the business. He stated that on 27.12.2018, when he was transporting dry fish, the respondent intercepted the lorry and confiscated the goods stating that smaller dry fish are banned. After completing the confiscation proceedings, the respondent sold the confiscated fish in auction and it was claimed by the petitioner that he was compelled to purchase the dry fish for a sum of Rs.45,000/-. The petitioner further claimed that there is no prohibition in transporting small dry fish. He also claimed that he has valid receipts for purchase of the dry fish. He also stated that a legal notice had been sent on 10.01.2019 to the respondent to return the amount collected from him. Since, there was no response, the Writ Petition has been filed seeking the relief of Mandamus as stated above.

(3.) A counter affidavit had been filed by the respondent in which, the allegations had been denied. It had also been stated that under the Tamil Nadu Inland Fisheries Lease and Licence Rules, 1972, there was a prohibition to fish without lease or licence in water under the control of Fisheries Department and, even a licensee cannot fish Gourami, and even if such fish is accidentally caught, it shall be immediately returned alive into the water. It is also stated that if any licensee or authorized persons are found in possession of fish in the licensed area or within 200 metres of the said area, he shall have to prove, how he came into possession of such fish and if he does not establish bonafide possession and if he does not give satisfying explanation for possession, then the fish shall be forfeited to the Government. It is also stated that small fish are banned every year. The Fisheries Department stocks 46.20 lakhs of Indian Major Carp fingerlings for the benefit of licensed fishermen. These fingerlings will grow up to 3 to 5 kgs in one year. To prevent fishing of such fingerlings, in the Mettur dam, one Inspector of Fisheries, one Sub Inspector of Fisheries, one Overseer and six Fishery Guards are posted. It is also stated that the Assistant Director of Fisheries had issued a circular regarding the mesh size regulation as per the provisions of the Indian Fisheries Act, 1897 (Act IV of 1927) and the rules framed there under. Mesh size net of less than 80mm or mosquito nets are banned to be used in Mettur dam.