Case Note & Summary
The present intra-court appeal arose from the order dated 25.09.2024 in W.P.No.28565 of 2024, whereby the Single Judge dismissed the writ petition. The appellants, who were the unsuccessful writ petitioners, had challenged two orders: the order dated 31.07.2024 passed by the first respondent (Executive Engineer, Public Works Department) and the consequential order dated 10.09.2024 passed by the third respondent (FMR.1, Kaveripattinam Paruvatharajakula Fisherman Co-operative Society), which granted fishing rights to respondents 4 to 9, who were individual members of the society. The appellants contended that while they had no objection to fishing rights being granted to the co-operative society, the rights could not be granted to a few individuals in the name of the society. They further argued that the grant was not made in pursuance to any order of the High Court. The respondents, represented by the Additional Advocate General, opposed the appeal, stating that the fishing right was granted in favour of the society, and the society, by a board resolution, permitted some of its members to exercise the rights. They submitted that any dispute between members or against the management of the society must be resolved by approaching the competent authority under the provisions of the Tamil Nadu Cooperative Societies Act. The learned Single Judge accepted this position and rejected the writ proceedings. The Division Bench, after hearing the parties, upheld the Single Judge's view, holding that the dispute squarely fell within the ambit of the Tamil Nadu Cooperative Societies Act and was not amenable to writ jurisdiction. Consequently, the intra-court appeal was dismissed.
Headnote
A) Cooperative Societies - Dispute Among Members - Tamil Nadu Cooperative Societies Act - Writ Jurisdiction - The appellants, unsuccessful writ petitioners, challenged the grant of fishing rights to individual members of a co-operative society, contending that the rights should have been granted to the society itself. The respondents argued that the society had granted the rights to its members through a board resolution, and any dispute must be resolved under the Tamil Nadu Cooperative Societies Act. The court held that the Single Judge was right in rejecting the writ proceedings, as the dispute falls under the purview of the Tamil Nadu Cooperative Societies Act (Paras 5-6).
Issue of Consideration
Whether the grant of fishing rights to individual members of a co-operative society, as opposed to the society itself, is valid and can be challenged in writ proceedings, or whether such dispute lies within the domain of the Tamil Nadu Cooperative Societies Act
Law Points
- disputes between members of a cooperative society or against its management should be resolved under the Tamil Nadu Cooperative Societies Act
Case Details
2025 LawText (MAD) (02) 58
W.A.No.3458 of 2024 and C.M.P.Nos.26872 & 26873 of 2024 and C.M.P.No.3370 of 2025
S.M. Subramaniam, K. Rajasekar
For Appellants: M.S. Palaniswamy; For Respondents: M. Sureshkumar (Additional Advocate General) assisted by R. Kumaravel (Additional Government Pleader) [For R1 to R3]; V. Elangovan [For R4 to R9]
M.Elaiyaraja, P.Muniappan, L.Kantha
The Executive Engineer (WRO), Public Works Department, Upper Pennaiyar Basin Division, Dharmapuri; The Assistant Director of Fisheries, Inland Fisheries, Krishnagiri; FMR.1, Kaveripattinam Paruvatharajakula Fisherman Co-operative Society, represented by its Administrator; S.Ramakrishnan; P.Kalaidasan; R.Kumaran; S.Nagaraj; V.Vinoth; P.Thirumal
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Nature of Litigation
Intra-court appeal against dismissal of writ petition challenging grant of fishing rights to individual members of a fisherman co-operative society
Remedy Sought
Appellants sought to set aside the order of the Single Judge dismissing their writ petition, thereby revoking the grant of fishing rights to respondents 4-9
Filing Reason
Appellants contended that fishing rights were improperly granted to a few individual members instead of to the cooperative society
Previous Decisions
Single Judge of High Court dismissed W.P.No.28565 of 2024 on 25.09.2024
Issues
Whether fishing rights granted to individual members of a cooperative society rather than the society itself are valid
Whether the dispute is amenable to writ jurisdiction or should be resolved under the Tamil Nadu Cooperative Societies Act
Submissions/Arguments
Appellants: granting of fishing rights to a few individuals in the name of the Society is unsustainable; the grant was not in pursuance of any orders of the High Court
Respondents: fishing right was granted in favour of the Society, and the Society permitted some of its members to exercise fishing rights by passing a board resolution; any dispute between members or against the management is to be resolved under the Tamil Nadu Cooperative Societies Act; the writ petition was rightly rejected
Judgment Excerpts
the learned Single Judge is right in rejecting the writ proceedings.
the appellants have no dispute with reference to granting of fishing rights to the third respondent/Co-operative Society. However, in the name of the Society, now it has been granted in favour of few individuals i.e., respondents 4 to 9, who are all the members of the Society.
Procedural History
Appellants filed W.P.No.28565 of 2024 challenging orders dated 31.07.2024 and 10.09.2024 granting fishing rights to respondents 4-9. The Single Judge dismissed the writ on 25.09.2024. Appellants filed the present intra-court appeal under Clause 15 of the Letters Patent Act.
Acts & Sections
- Letters Patent Act: Clause 15
- Tamil Nadu Cooperative Societies Act:
