Madras High Court
R.Sethuraman vs The Commissioner Of Fisheries on 22 February, 2021
W.A(MD)No.128 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.128 of 2017
and C.M.P(MD)Nos.1262 & 1263 of 2017
and
W.P(MD)No.3930 of 2017
and W.M.P(MD)No.3110 & 3111 of 2017
1.W.A(MD)No.128 of 2017:-
R.Sethuraman ... Appellant/Petitioner
Vs.
1.The Commissioner of Fisheries,
O/o.The Commissioner of Fisheries,
Chennai – 6.
2.The Director of Fisheries,
Fisheries Department,
485, M.T.B Building,
6th Floor, Nandanam,
Chennai – 600 035.
3.The Assistant Director of Fisheries
(Inland Fisheries),
Fisheries Department,
Pechiamman Padithurai,
Madurai – 625 001.
4.The District Collector,
Madurai District,
Madurai.
5.P.K.Dhanabalan
6.V.Senthil Kumar ... Respondents/Respondents
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W.A(MD)No.128 of 2017
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 25.10.2016 made in W.P(MD)No.15595 of 2016
on the file of this Court.
For Appellant : Mr.T.Lajapathi Roy
For RR 1 to 4 : Mr.K.P.Narayana Kumar
Special Government Pleader
For RR 5 & 6 : No appearance
2.W.P(MD)No.3930 of 2017:-
R.Sethuraman ... Petitioner
Vs.
1.The Commissioner of Fisheries,
O/o.The Commissioner of Fisheries,
Chennai – 6.
2.The Director of Fisheries,
Fisheries Department,
485, M.T.B Building,
6th Floor, Nandanam,
Chennai – 600 035.
3.The Assistant Director of Fisheries
(Inland Fisheries),
Fisheries Department,
Pechiamman Padithurai,
Madurai – 625 001.
4.The District Collector,
Madurai District,
Madurai. ... Respondents
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W.A(MD)No.128 of 2017
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, to call for
the records pertaining to the impugned order in Na.Ka.No.
264/E/2016, dated 21.02.2017 on the file of the third respondent and
quash the same as illegal and consequently for a direction, directing
the third respondent to extend the lease period of the petitioner for a
period of three years and to stop the discharge of sewage, drainage
entering into Periyakulam Tank, Ayanpappakudi Village, Madurai South
Taluk, Madurai District within the period stipulated by this Court.
For Appellant : Mr.T.Lajapathi Roy
For Respondents : Mr.K.P.Narayana Kumar
Special Government Pleader
COMMON JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
W.A(MD)No.128 of 2017 is directed against the order, dated
25.10.2016 passed in W.P(MD)No.15595 of 2016.
2.Originally, the said Writ Petition was filed for a Writ of
Certiorarified Mandamus, challenging the order dated 09.08.2016
passed by the first respondent and the consequential order dated
19.08.2016 passed by the third respondent and consequently for a
direction, directing the respondents to reimburse a sum of
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W.A(MD)No.128 of 2017
Rs.94,19,250/- spent by the appellant for fish culture at Periyakulam
Tank, Ayanpappakudi Village, Madurai and also to extend the lease
period of the appellant for another three years and to stop discharge
of the effluence into the Tank.
3.The said Writ Petition was partly allowed by the learned Single
Judge by confirming the order dated 09.08.2016 passed by the first
respondent and by setting aside the order dated 19.08.2016 passed
by the third respondent and further directed the appellant to pay the
second year lease amount within a period of four weeks and on receipt
of such payment, the third respondent is directed to confirm the lease
for the second year in favour of the appellant.
4.Now, the grievance of the appellant is that all the fish died in
the Tank due to the sewage water being let in into the Tank, for which,
the authorities have not taken any action resulting in monetary loss to
the appellant. Secondly, he has asked for extension of the lease for
another three years, which is not possible, as the lease is granted only
based on the auction.
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W.A(MD)No.128 of 2017
5.The authorities had, in fact, cancelled the lease on 19.08.2016
and forfeited a sum of Rs.5,01,000/-, which was paid as a security.
That order was set aside by the learned Single Judge in the said Writ
Petition, however, directing the appellant to pay the second year lease
amount within a period of four weeks from the date of receipt of a
copy of that order. Since the said amount was not paid, once again the
authorities had affirmed the cancellation of the lease deed in
proceedings in Na.Ka.No.264/E/2016, dated 21.02.2017. The said
order is challenged in W.P(MD)No.3930 of 2017.
6.When the matters are taken up for hearing today, the learned
counsel appearing for the appellant in W.A(MD)No.128 of 2017
submitted that he would withdraw the Writ Appeal with liberty to file a
civil suit before the appropriate forum.
7.Accordingly, W.A(MD)No.128 of 2017 is dismissed as
withdrawn.
8.Insofar as W.P(MD)No.3930 of 2017 is concerned, the
respondents were interested only in recovering the amount, which is
in dispute and the same cannot be decided in a Writ Petition. If at all
there is any right or limitation to the petitioner, it is open to him to
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W.A(MD)No.128 of 2017
work out his remedy before the appropriate forum in the manner
known to law. Accordingly, W.P(MD)No.3930 of 2017 is also disposed
of. No costs. Consequently, connected Civil Miscellaneous Petitions and
Writ Miscellaneous Petitions are closed.
[P.S.N.,J] [S.K.,J.]
22.02.2021
Index :Yes/No
Internet :Yes/No
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate
/ litigant concerned.
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W.A(MD)No.128 of 2017
To
1.The Commissioner of Fisheries,
O/o.The Commissioner of Fisheries,
Chennai – 6.
2.The Director of Fisheries,
Fisheries Department,
485, M.T.B Building,
6th Floor, Nandanam,
Chennai – 600 035.
3.The Assistant Director of Fisheries
(Inland Fisheries),
Fisheries Department,
Pechiamman Padithurai,
Madurai – 625 001.
4.The District Collector,
Madurai District,
Madurai.
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W.A(MD)No.128 of 2017
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
W.A(MD)No.128 of 2017
22.02.2021
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