M.Ashok Kumar v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P. 1179 of 2019 M.Ashok Kumar ... Petitioner Vs.

1. The Assistant Director, The Department of Fisheries, Office of the Fisheries Department, Tiruvallur.

2. The Executive Engineer, Public Works Department, Kosasthalayaru, Tiruvallur.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to consider the representation dated 03.07.2018 made by the petitioner within a reasonable time.

For Petitioner : Mr.S.Varanesh For Respondents : Mr.V.Prabhu Government Advocate

O R D E R

This Writ Petition has been filed seeking a direction to the 2nd respondent to consider the representation of the petitioner dated 03.07.2018.

2.The grievance of the petitioner is that the petitioner is member of the Avadi Ulnattu Cooperative Society and the Kovilpathagai Tank situated at Kovilpathagai Village. The second respondent leased out the fishing right to the said Tank over the period of five years from 2018 to 2023 in favour of said Society. The petitioner ready with pay his share amount to the president, but the President did not receive any share amount from the petitioner and he allotted the fishing right to the third party. Hence, he made a representation before the https://hcservices.ecourts.gov.in/hcservices/

respondent on 03.07.2018, but the said representation was not considered by the respondents. Hence, the present writ petition is filed.

3.Today, when the matter came up for hearing, Mr.V.Prabhu, the learned Government Advocate appearing for the respondents, on instructions, submitted that now the above Tank has been handed over to the Inland fisher man Cooperative Society only and permitting them to conduct an auction in respect of Fishing Right in the above Tank.

4.Considering the above said circumstances, already the right of fishing is given to the local Inland Fisherman Cooperative Society, now, the prayer sought for in the writ petition is become infructuous.

5. In view of the above, the Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gmd/rrg To

1. The Assistant Director, The Department of Fisheries, Office of the Fisheries Department, Tiruvallur.

2. The Executive Engineer, Public Works Department, Kosasthalayaru, Tiruvallur.

+1 cc to the Government Pleader, S.R.No.6971 W.P.1179 of 2019 RV(CO) SSM(06/03/2019).

https://hcservices.ecourts.gov.in/hcservices/