S.Singadurai vs The Executive Engineer
2021 Latest Caselaw 24741 Mad

                                                                          W.P.(MD)No.21000 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 15.12.2021

                                                      CORAM

                              THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                           W.P.(MD)No.21000 of 2021
                                                    and
                                          W.M.P.(MD)No.17602 of 2021

                     S.Singadurai                                     ... Petitioner

                                                        vs.
                     1.The Executive Engineer,
                       Water Resource Organisation/
                       Public Works Department,
                       Mel Vaippar Basin Division,
                       Rajapalayam Post – 626 117,
                       Virudhunagar District.

                     2.The Assistant Engineer,
                       Water Resource Organisation/
                       Public Works Department,
                       Mel Vaippar Basin Division,
                       Sivagiri-627 757, Tenkasi District.            ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, to direct the respondents to
                     extend the fishery rights lease for further period of three years as per
                     G.O.(Ms)No.332, Animal Husbandry and Fisheries (FS-IV) Department,
                     dated 17.11.1993 in respect of Vadakal Tank, Sivagiri Village and Taluk,


                     1/6

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                                                                                   W.P.(MD)No.21000 of 2021


                     Tenkasi District is concerned.


                                        For Petitioner  :Mr.M.Saravanakumar
                                        For Respondents :Mr.N.Satheesh Kumar
                                                        Additional Government Pleader
                                                          *****


                                                           ORDER

This Writ Petition has been filed in the nature of Mandamus

seeking a direction to extend the fishery rights lease for a further period

of three years in accordance with G.O.(Ms)No.332, Animal Husbandry

and Fisheries (FS-IV) Department, dated 17.11.1993 with respect of

Vadakal Tank, Sivagiri Village and Taluk, Virudhunagar District.

2.Heard Mr.M.Saravanakumar, learned Counsel for the petitioner

and Mr.N.Satheesh Kumar, learned Additional Government Pleader for

the respondents.

3.In the affidavit filed in support of this Writ Petition, it had been

stated that the petitioner had taken fishing lease for quite number of years

in Thalavaipuram Village, Sivagiri Taluk, where, the petitioner is

residing. He is the lessee of fishing rights in Vadakal Tank, Sivagiri

https://www.mhc.tn.gov.in/judis W.P.(MD)No.21000 of 2021

Village and Taluk, Virudhunagar District, belonging to the respondents.

The petitioner has sought for renewal of the lease. He had given a

representation on 06.04.2021 to the first respondent/Executive Engineer,

Water Resource Organisation/Public Works Department, Mel Vaippar

Basin Division, Rajapalayam, Virudhunagar District.

4.The learned Counsel for the petitioner states that there are

orders of this Court, which had recognised extension of fishing rights

and extension of lease rights.

5.Mr.N.Satheesh Kumar, learned Additional Government Pleader

states that there are also judgments of a Division Bench of this Court,

which had stated that the fishing right should be auctioned.

6.I am not entering into any discussion on the said aspects, but

would rather direct the first respondent, to consider the representation

given by petitioner, issue notice to the petitioner, examine the records of

the petitioner, particularly about his existing lease right and previous

lease rights and thereafter, take a decision. The first respondent is placed

https://www.mhc.tn.gov.in/judis W.P.(MD)No.21000 of 2021

under obligation to take a considered decision within a period of eight

weeks from the date of receipt of a copy of this order. If the copy of the

representation already given by the petitioner is not available with the

first respondent, the petitioner is directed to give fresh representation

enclosing all the requisite documents.

7.With the said observations, this Writ Petition is disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

Index :Yes / No 15.12.2021 Internet :Yes

cmr

https://www.mhc.tn.gov.in/judis W.P.(MD)No.21000 of 2021

To

1.The Executive Engineer, Water Resource Organisation/ Public Works Department, Mel Vaippar Basin Division, Rajapalayam Post – 626 117, Virudhunagar District.

2.The Assistant Engineer, Water Resource Organisation/ Public Works Department, Mel Vaippar Basin Division, Sivagiri-627 757, Tenkasi District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.21000 of 2021

C.V.KARTHIKEYAN, J.

cmr

Order made in W.P.(MD)No.21000 of 2021

15.12.2021

https://www.mhc.tn.gov.in/judis