Madras High Court
G.Gandhi vs The Assistant Director on 5 July, 2022
W.A.No.1464 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.A.No.1464 of 2022
G.Gandhi .. Appellant
Vs
1.The Assistant Director,
Fisheries Department,
Kancheepuram District,
Neelangarai [Resides],
East Coast Road, Neelangarai,
Chennai-115.
2.The Commissioner of Fisheries,
Government of Tamil Nadu,
ADMIN Building, Teynampet,
Chennai-6.
3.The Central Institute of Fisheries Technology,
CIFT Junction, Willingdon Island,
Matsyapuri P.P.,
Cochin-682 029, Kerala. .. Respondents
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W.A.No.1464 of 2022
Prayer : Appeal filed under Clause 15 of Letters Patent against the
order dated 10.11.2021 passed in W.P.No.33831 of 2019.
For the Appellant : Mr.D.Vijayakumar
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for respondent Nos.1 and 2
JUDGMENT
(Delivered the Hon'ble Chief Justice)
This writ appeal has been filed to challenge the order dated
10.11.2021, whereby the writ petition filed to allow the writ appellant
to use Surugu Valai for fishing was dismissed.
2. Pursuant to the writ petition preferred by the writ appellant,
a report was called for to find out the type of net used by the writ
appellant while fishing. The inspection report shows that the writ
appellant was using a purse seine net, which is banned in the
territorial waters of the State. The ban was also confirmed by this
Court in the order dated 26.4.2001 passed in W.P.No.6760 of 2000.
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W.A.No.1464 of 2022
In view of the above, the prayer made by the writ petitioner was not
allowed by the learned Single Judge.
3. The writ appellant/writ petitioner has disputed the report. It
is stated that he was not using purse seine net. No material was
placed before us to prove that he was not using purse seine net. It is
otherwise a question of fact, which cannot be determined by this
Court exercising jurisdiction under Article 226 of the Constitution of
India.
4. Taking into consideration the aforesaid, the writ petition was
rightly dismissed by the learned Single Judge. We do not find any
error in the order of the learned Single Judge. Accordingly, the writ
appeal fails and it is dismissed. There will be no order as to costs.
(M.N.B., CJ.) (N.M., J.)
05.07.2022
Index : Yes/No
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https://www.mhc.tn.gov.in/judis
W.A.No.1464 of 2022
To
1.The Assistant Director,
Fisheries Department,
Kancheepuram District,
Neelangarai [Resides],
East Coast Road, Neelangarai,
Chennai-115.
2.The Commissioner of Fisheries,
Government of Tamil Nadu,
ADMIN Building, Teynampet,
Chennai-6.
3.The Central Institute of Fisheries Technology,
CIFT Junction, Willingdon Island,
Matsyapuri P.P.,
Cochin-682 029, Kerala
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https://www.mhc.tn.gov.in/judis
W.A.No.1464 of 2022
THE HON'BLE CHIEF JUSTICE
AND
N.MALA,J.
bbr
W.A.No.1464 of 2022
05.07.2022
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