APHC010504232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27445/2026 Between: 1. A. GANESAN,, S/O. ADAIKALAM, AGED ABOUT 66 YEARS, OCC FISHERMAN, R/O. 41/44, IRUSAPPAN MAISTRY, 1ST STREET, NEW WASHERMENPET, CHENNAI 600081 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, VELAGAPUDI SECRETARIAT BUILDING, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 522232 2. THE COMMISSIONER OF FISHERIES, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA.520007 3. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 524001 4. THE JOINT DIRECTOR OF FISHERIES, SPSR NELLORE DISTRICT, NELLORE. 524001 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction preferably one in the nature of writ of Mandamus, declaring the highhanded action of the respondents 3 and 4, in not releasing petitioner's mechanized fishing boat bearing registration no. IND-TN-02-MM-2645, which was seized on 17- 06-2026 illegally in deep sea water in Bay of Bengal, without any authority of 2 law and without there being any legal process, is illegal, arbitrary, and contrary to Marine Fishing Regulation Act and unconstitutional and consequently direct the respondents to release the petitioner's mechanized boat forth with and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to release the petitioner's mechanized fishing boat bearing registration no. IND-TN-02-MM-2645, which was seized on 17-06-2026 in deep sea water in bay of Bengal, without any authority of law and without there being any legal process, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR FISHERIES 3 The Court made the following Order:- The present Writ Petition is filed aggrieved by the inaction on the part of respondent Nos.3 and 4 in releasing the fishing boat of the petitioner bearing Registration No. IND-TN-02-MM-2645, which was seized on 17.06.2026. 2. Learned counsel appearing for the petitioner submits that the petitioner is a fisherman based in Tamil Nadu and that, on 16.06.2026, while the petitioner was trawling from Kasimeda Fishing Harbour into the Bay of Bengal along with his crew members who are from Kavali, SPSR Nellore District, at about 15 nautical miles from the coast, the boat of the petitioner stopped due to some technical snag and, while he was trying to revive the propeller, the Fishing Department authorities, with the assistance of the police, came over and seized the boat without assigning any reasons. It is submitted that the petitioner has no other source of livelihood. In this regard, the Commissioner of Fisheries addressed a letter dated 31.08.2026 to the Joint Director, Fisheries Department, to take immediate and necessary action for release of all the detained fishing boats of Tamil Nadu. The petitioner’s boat is one among the said boats which is required to be released by respondent No.4. 3. Learned Assistant Government Pleader appearing for the respondents, on instructions, submits that the petitioner’s boat had trespassed into the coastal zone meant for the fishermen of Andhra Pradesh and that the said boat was damaging the fishing gear of the local traditional fishermen, thereby affecting their livelihood. It is also submitted that there was a protest by fishermen from 164 coastal villages of four South Coastal Districts of Andhra 4 Pradesh, complaining about the trespassing of fishing boats from the State of Tamil Nadu. 4. Recording the submissions and upon perusing the record, it is evident that the respondents have, so far, neither registered any crime nor deposited the boats as crime property before any jurisdictional Magistrate. The proceedings of the Commissioner of Fisheries dated 31.08.2026 make it amply clear that respondent Nos.1 and 2 had directed respondent No.4 to take steps for release of the boats. Further, a correspondence dated 29.08.2026 was addressed by the Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department of the Government of Tamil Nadu to the Chief Secretary of the State of Andhra Pradesh, requesting his intervention for release of the eight detained fishing boats of Tamil Nadu. Pursuant thereto, respondent No.2 had addressed a letter to respondent No.4 to forthwith take steps for release of the eight boats. 5. In view of the above, the Writ Petition is disposed of directing respondent Nos.2 to 4 to release the fishing boat of the petitioner bearing Registration No.IND-TN-02-MM-2645, within a period of one week from the date of receipt of a copy of this order. No order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 01.10.2026 RSD 5 39 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27445/2026 01.10.2026 RSD