Madras High CourtWP/5016/2018disposed of

T. Prabakaran v. The Commissioner Of Fisheries

2018-03-07Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.5016 of 2018 T.Prabakaran S/o.K.Thiyagarajan .. Petitioner Vs.

1.The Commissioner of Fisheries Administrative Office Buildings DMS Compound Teynampet, Chennai-600 006.

2.The Assistant Director of Fisheries Nagercoil, Kanyakumari District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 10.02.2018 requesting extension of time to pay the annual lease amount for the year 2017-2018. For Petitioner : Mr.R.Prem Narayan For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a mandamus directing the first respondent to consider his representation dated 10.02.2018, wherein and whereby, he sought for three months time to deposit the annual lease amount, by contending that due to certain difficulties caused due to "Okhi" Cyclone, he was not in a position to deposit the said annual lease amount within the stipulated time. It is also stated that the lease period is https://hcservices.ecourts.gov.in/hcservices/

still in force and it expires only on 07.12.2019.

4. Therefore, this Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the first respondent to consider the request of the petitioner and pass appropriate orders on the same on merits and in accordance with law, after hearing the petitioner. Such exercise shall be done by the first respondent within a period of two weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-vii) //True Copy// Sub Assistant Registrar mk To 1.The Commissioner of Fisheries Administrative Office Buildings DMS Compound Teynampet, Chennai-600 006.

2.The Assistant Director of Fisheries Nagercoil, Kanyakumari District.

+1cc to Mr.R.PREMNARAYAN, Advocate, S.R.No. 17273 +1cc to the Government Pleader, S.R.No. 17776 W.P.No.5016 of 2018 SKS(CO) TR(15/03/2018) https://hcservices.ecourts.gov.in/hcservices/