FISHERMEN CO OPERATIVE SOCIETY KONDAIR VILLAGE MAHABUBNAGAR DIST Vs. COMMISSIONER OF FISHERIES GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Fishermen Co-operative Society, Kondair Village, Itkyal Mandal, filed Writ Petition No.15562 of 2001 invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, challenging the proceedings of the 1st and 2nd respondents vide proceedings Rc.No.8506/12/2001, dated 13-6-2001 and the proceeding No.669/E/1999, dated 30-6-2001 as illegal and without jurisdiction and contrary to G.O.Ms. No.1982 Food and Agriculture Department (Fisheries), dated 5-6-1966.

(2.) In order to consider the validity of the impugned proceedings dated 30-6-2001 on the file of the Assistant Director of Fisheries/ Ex-Officio Deputy Registrar of Co-operative Societies (Fisheries), Mahabubnagar, a look at the order is necessary. The order passed by the Assistant Director is itself explanatory. In the order, it is recited that the fishermen of Jinkalapally village have submitted a fresh application for providing them membership in the appellant Fishermen Co-operative Society. The Mandal Revenue Officer appears to have issued water spread area certificate based upon which instructions were issued by the Assistant Director to conduct skill test of all the eligible fishermen of Jinkalapally Village and submit a report in that regard. The Fisheries Development Officer, Kothakota, having identified 20 fishermen and having conducted the skill test found 20 fishermen to be eligible for enrolment as members of the appellant- Fishermen Co-operative Society. Thereafter the said 20 Fishermen of Jinakalapally village have submitted J-Forms before the Assistant Director of Fisheries/Deputy Registrar of Co-operative Societies, for their enrolment as members in the Fishermen Cooperative Society, Kondair. The same has been sent by the Assistant Director of Fisheries to the President of the appellant- Fishermen Co-operative Society vide letter dated 24-4-2001 and 29-5-2001. The appellant society had refused to receive the letters sent by the Assistant Director and acknowledge the same. It is under those circumstances, the Commissioner of Fisheries, Andhra Pradesh, appears to have issued telegraphic instructions to the Assistant Director of Fisheries for taking immediate action in the matter of enrolment of fishermen of Jinakalapally village in the appellant Fishermen Co-operative Society, Kondair.

(3.) The Assistant Director of Fisheries/ Deputy Registrar of Co-operative Societies, in purported exercise of the power under Section 19(2-A) of the Andhra Pradesh Co- operative Societies Act, 1964 (for short 'the Act') ordered that the fishermen of Jinakalapally village shall be deemed to be the members of Fishermen Co-operative Society, Kondair of Itkyal Mandal, subject to depositing the share capital and admission fee. The share capital and admission fee were accordingly directed to be collected from those fishermen intending to become the members of the appellant society.