M MOKKARAJ Vs. EXECUTIVE MAGISTRATE THIRUMANGALAM

JUDGEMENT

(1.) There are two tanks going by the name 'Meenakshipuram Kanmoi' and 'Chettikulam Kanmoi' at B. Ammapetti Village, Uthamapalayam taluk. These two tanks are public tanks vested with State. The Government, in order to develop fishing industry and avoid indiscriminate clashes and disputes, framed Rules and Regulations bringing the public tanks under the control of the Fisheries Department and enabling it to entrust the fisheries rights to specified individuals. Disputes arose with regard to fishing in the aforesaid two tanks among the residents of the village leading to the filing of O.S. No. 500 of 1990 on the file of District Munsif, Uthamapalayam. The group represented by the first petitioner M. Mokkaraj ('A' party) was the plaintiff and the group represented by V. K. Govindaraj ('B' Party) was the defendant in that suit. Both the plaintiff and defendant groups are the members of Bodi Fishermen Co-operative Society. Certain specified members of the said Society ('A' party and 'B' party) were selected and fishing rights in those two tanks were entrusted to them. Since disputes arose among the selected members of the society as to the fishing rights in those two tanks, a peace committee was formed headed by the Assistant Director of Fisheries, Tirumangalam and a compromise had been effected on 10-5-1990 and in and by the said compromise, 'A' party was allotted Meenakshipuram Kanmoi while the other group, namely, 'B' party was allotted Chettikulam Kanmoi. 'B' party exercised their right to fishing in Chettikulam Kanmoi on 12-5-1990 and 13-5-1990. 'A' party in their turn took steps to auction fishing in Meenakshipuram Kanmoi on 14-6-1990. 'B' party also wanted to fish in the very same tank. Consequently, 'A' party filed I.A. No. 705 of 1990 in O.S. No. 500 of 1990 on 15-6-1990 and obtained interim injunction restraining the 'B' party from interfering with their fishing rights in Meenakshipuram Kanmoi, till 21-6-1990. The same had been extended from time to time and it expires on 27-7-1990.

(2.) Thereafter, 'A' party on 16-6-1990 gave a petition for police protection to the Inspector of Police, Bodi informing him about the interim injunction in their favour. Another petition on 19-6-1990 was also sent to the Deputy Director of Fisheries intimating their intention to fish in the tank the next day, namely, 20-6-1990. The Tahsildar and the Executive Magistrate, Uthamapalayam issued proceedings in Roc. No.8070/90 C6 dated 19-6-1990 u/S. 144, Cr. P.C. prohibiting fishing operation in Meenakshipuram Kanmoi and all processions, meetings etc. within the limits of the village for a period of thirty days commencing from the midnight of 19/06/1990. The aggrieved petitioners have come forward with the present petition to set aside the order passed by the Executive Magistrate.

(3.) Learned Counsel appearing for the petitioners would make two submissions and they are :