Madras High Court
V.David vs The District Collector on 19 July, 2021
W.A.(MD)No.1405 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1405 of 2021
and
C.M.P(MD).No.5816 of 2021
V.David ... Appellant/Petitioner
Vs.
1. The District Collector,
Tuticorin, Tuticorin District.
2. The Executive Engineer,
Water Resources Organization,
Vaipar Basin Division,
Virudhunagar District.
3. The Assistant Executive Engineer,
Water Resources Organization,
Vaipar Basin Division,
Virudhunagar District.
4. The Assistant Director - Fisheries Department,
Water Resources Organization,
Vaipar Basin Division,
Virudhunagar District. ... Respondents/Respondents
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W.A.(MD)No.1405 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.8221 of 2021, dated 30.06.2021.
For Appellant : Mr.J.Jeyakumaran
For Respondents : Mr.R.Baskaran
Standing Counsel for Government
for R1 to R4
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.J.Jeyakumaran, learned counsel appearing for the
appellant and Mr.R.Baskaran, learned Government Counsel appearing for the
respondents 1 to 4.
2. The appellant is the writ petitioner, who sought for issuance of a
Writ of Mandamus to direct the first respondent to consider his representation
dated 23.03.2021 to extend the lease in respect of the Kanmai in Thoothukudi
District for a period of ten months. The reason for filing this writ petition is
that on account of the pandemic, the appellant was unable to enjoy the rights
granted to him pursuant to the tender.
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W.A.(MD)No.1405 of 2021
3. Mr.R.Baskaran, learned Government Counsel appearing for the
respondents has produced a copy of communication sent by the third respondent
to the appellant dated 12.07.2021, by which, the request made by the appellant
for extension of license period has been rejected. Furthermore, fresh auction
was conducted for the period 2021 to 2022 and it was cancelled and re-auction
is scheduled to be held on 23.07.2021.
4. Furthermore, the writ petitioner has also filed another writ petition
in W.P(MD).No.13242 of 2021, to quash the notice issued by the fifth
respondent dated 07.06.2021 and to consider his representation. The said writ
petition was disposed of by order dated 29.06.2021 by recording the
submissions of the learned Government Counsel that the auction was held on
16.06.2021 and since the bid amount was not deposited by the highest bidder,
the auction itself was cancelled. Therefore, the writ petition was disposed of by
directing the respondents to proceed further to issue a fresh notification in
accordance with the Rules and grant the fishing rights.
5. In the light of the above, we are not inclined to interfere with the
impugned order, however, as stated by the third respondent in the
communication dated 12.07.2021, we leave it open to the appellant to
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W.A.(MD)No.1405 of 2021
participate in the re-auction, which is scheduled to be held on 23.07.2021 or any
other subsequent date.
6. Accordingly, this writ petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 19.07.2021
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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.
To:
1. The District Collector,
Tuticorin, Tuticorin District.
2. The Executive Engineer,
Water Resources Organization,
Vaipar Basin Division,
Virudhunagar District.
3. The Assistant Executive Engineer,
Water Resources Organization,
Vaipar Basin Division,
Virudhunagar District.
4. The Assistant Director - Fisheries Department,
Water Resources Organization,
Vaipar Basin Division,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1405 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1405 of 2021
19.07.2021
https://www.mhc.tn.gov.in/judis/
