- 1 - NC: 2025:KHC:11711 WP No. 13032 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 13032 OF 2019 (GM-RES) BETWEEN: 1. FISHERMENS DEEP SEA TRAWL BOAT ASSOCIATION (R) MALPE, HARBOUR, MALPE UDUPI-576108, REPRESENTD BY ITS PRESIDENT, KISHROE D SUVARNA, S/O.DASTHIGALYA, AGED ABOUT 55 YEARS, AMBA NIVAS,NEAR BEACH MALPE-576108, UDUPI DISTRICT. 2. FISHERMEN"S DEEP SEA TRAWL BOAT ASSOCIATION (R) MALPE, HARBOUR, MALPE UDUPI-576108, REPRESNETED BY ITS MEMBER MAHESH SUVARNA, S/O.JAGANNATH PATHRAN, AGED ABOUT 42 YEARS, R/AT FISHERIES ROAD, BHADRAGIRI, BRAHAMAVARA, UDUPI. …PETITIONERS (BY SRI. SACHIN B S.,ADVOCATE) AND: 1. AKHILA KARNATAKA PERSE-SEINE FISHERMENS SANGHA (R) MALPE FISHING HARBOUR, UDUPI, DAKSHINA KANANDA DISTRICT-576101, REP. BY THE VICE PRESIDENT, NAVEEN BANGERA S/O.BOJA PUTRAN, AGED ABOUT 44 YEARS. 2. UNION OF INDIA REPRESENTED BY MINSITRY OF AGRICULTURE AND FARMERS WELFARE, DEPARTMENT OF ANIMAL HUSBANDRY, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11711 WP No. 13032 of 2019 DAIRYING AND FISHERIES, KRISHI BHAVAN, NEW DELHI-110001. 3. STATE OF KARNATAKA REPRESENTED BY MINISTRY OF ANIMAL HUSBANDARY AND FISHERIES, VIKASA SOUDHA, BANGALORE-560001. 4. DIRECTORATE OF FISHERIES IN KARNATAKA 3RD FLOOR, PODIUM BLOCK,V.V.CENTRE, BANGALORE-560001. 5. ASSISTANT DIRECTOR OF FISHERIES UDUPI ,MALPE-576101. 6. DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI 576101, 7. SUPERINTENDENT OF POLICE UDUPI DISTRICT, UDUPI 576101, 8. SUB INSPECTOR OF POLICE MALPE POLICE STATION, MALPE, UDUPI DISTRICT 576101. …RESPONDENTS (BY SRI. D KRISHNAMOORTHY., ADVOCATE FOR R1; SMT.NAVYA SHEKAR.,AGA FOR R3 TO R8; SRI. TIMMANNA BHAT., CGS FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE R-2 TO 8 TO RESTRAIN THE R-1 FROM USING LIGHTS IN DOING FISHING ACTIVITY AND ACTING CONTRARY TO GOVERNMENT NOTIFICATION DATED 10.11.2017 ISSUED BY R-2 AS PER ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC:11711 WP No. 13032 of 2019 ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing the respondents 2 to 8 to restrain the R1 from using the lights in doing fishing activity and acting contrary to Government Notification dated 10.11.2017 issued by R2 as per Annexure-A. b. Issue writ of mandamus directing the respondents 5, 6 and 7 to consider the complaint/representations dated 27.2.2019 and 5.3.2019 given by the petitioners to take necessary action as against the respondent No.1 for using lights in doing fishing activity in contrary to Government notification dated 10.11.2017 as per Annexure-B, C and D, D1 & D2. c. Issue any other writ or order or direction that deems fit to grants in the circumstances of the case in the interest of justice and equity. 2. The grievance with the petitioners is that the representations submitted by the petitioners dated 27.02.2019 and 5.03.2019 to the respondents have not been considered. 3. Whenever any representation is submitted by a citizen or an Association, it will be required for the - 4 - NC: 2025:KHC:11711 WP No. 13032 of 2019 concerned authority to consider the representation which is submitted and to pass necessary orders on the said representation by either accepting or rejecting it in accordance with law. Needless to say, if an order of rejection is passed, same would have to be accompanied by reasons. As such, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued directing respondents No.4, 5, 6 and 7 to consider the representations of the petitioners dated 27.02.2019 and 5.03.2019, Annexures, B, C and D series and to pass necessary orders within a period of 30 days from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 58