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Madras High CourtWP/11050/2015disposed of

A.Samundeeswari Lakshmanan v. The State Of Tamil Nadu

2021-07-05Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2021

CORAM

THE HON'BLE MR.JUSTICE R. MAHADEVAN Writ Petition No.11050 of 2015 and M.P.No.1 of 2015 A.Samundeeswari Lakshmanan

...Petitioner

-Vs1. The State of Tamil Nadu represented by its District Collector, Nagapattinam

2. The Superintendent of Police Nagapattinam District Nagapattinam.

3. The Inspector of Police Vallivalam Police Station Vallivalam, Nagapattinam District.

4. The Tahsildar Thirukuvalai

5. Appasamy

6. Chinnasamy

...Respondents

Prayer :

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 to 4 not to interfere with the conduct of public auction of fishery rights in respect of the tanks vested with the Vallivalam Village Panchayat, Thirukuvalai Taluk, Nagapattinam District, situated in S.Nos.26/5, 81/2, 89/1, 105/4 and 17, 127/11, 131/1, 133/13, 150//48, 150/50, 156/3, 173/28, 183/3, 53/2, 54, 9/3, 11/1, 14/2, 19/1A, 35, 74/2, 62/3 and 160/C and with the rights of the successful allottees/bidders to catch fish in respect of the tanks already auctioned on 25.03.2015 and to be auctioned in future and consequently direct the respondents 2 and 3 to provide police protection for conducting lawful public auction of fishery rights in respect of the remaining tanks.

For Petitioner :

Mr.K.P.Ashok For R1 to R4 :

Mr.Stalin Abimanyu Government Advocate For R5 and R6 :

No appearance

O R D E R

The prayer made in this writ petition is to issue a Mandamus directing the respondents 2 to 4 not to interfere with the conduct of public auction of fishery rights in respect of the tanks vested with the Vallivalam Village Panchayat, Thirukuvalai Taluk, Nagapattinam District, situated in S.Nos.26/5, 81/2, 89/1, 105/4 and 17, 127/11, 131/1, 133/13, 150//48, 150/50, 156/3, 173/28, 183/3, 53/2, 54, 9/3, 11/1, 14/2, 19/1A, 35, 74/2, 62/3 and 160/C and with the rights of the successful allottees/bidders to catch fish in respect of the tanks already auctioned on 25.03.2015 and to be auctioned in future and consequently direct the respondents 2 and 3 to provide police protection for conducting lawful public auction of fishery rights in respect of the remaining tanks.

2.Today, when the matter was taken up for consideration, the learned counsel appearing for the petitioner fairly submitted that subsequent to the filing of this writ petition, there was no such interference by the respondents 2 to 4 as averred in the writ petition.

3.Recording the submission so made by the learned counsel for the petitioner, this writ petition stands closed, granting liberty to the petitioner to approach the respondent authorities afresh, if the same cause of action continues. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kj To 1.The State of Tamil Nadu represented by its District Collector, Nagapattinam

2. The Superintendent of Police Nagapattinam District Nagapattinam.

3. The Inspector of Police Vallivalam Police Station Vallivalam, Nagapattinam District.

4. The Tahsildar Thirukuvalai +1 CC to Mr.K.P.Ashok, Advocate, Sr 31228.

+1 CC to The Government Pleader, Sr 31721.

W.P.No.11050 of 2015 CP(CO) LS(03/08/2021)