Madras High CourtWP/20538/2018disposed of

Fishermen Cooperative Society v. The Commissioner Of Fisheries

2018-09-07Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.20538 of 2018 Fishermen Cooperative Society (FCE1565) Represented by its Vice President A.Arumugam Paruvadha Rajakula Fishermen Colony, Fishermen Colony, Chidambaram - 608 001.

.. Petitioner Vs 1.The Commissioner of Fisheries, Integrated Office Complex (3rd Floor), 571, Anna Salai, Nandanam, Chennai - 600 035.

2.The Director, Fisheries Department, Integrated Office Complex (3rd Floor), 571, Anna Salai, Nandanam, Chennai - 600 035.

3.The Assistant Director, Fisheries Department, Cuddalore OT - 607 003.

4.The Director, Rural Development and Panchayat Raj Department, Chennai - 600 015.

5.The Secretary to Government of Tamil Nadu, Animal Husbandry, Dairying and Fisheries Department, Secretariat, Chennai - 600 009.

6.The Secretary The Finance Department, Secretariat, Chennai - 600 009.

7.The District Collector, Cuddalore District - 607 001.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the 7th respondent to implement the G.O.Ms.No.1019, dated 20.09.1979 based on the proceedings of 2nd respondent vide Na.Ka.No.21127/T1/2017, dated 21.05.2018 and to acquire the land

comprised in T.S.No.130/2, measuring to an extent of 3.16 acres at Chidambaram Town, Ward No.2 and to allot house sites to the Fishermen who are residing in the schedule property within the time stipulated by this Court.

For Petitioner : Mr.A.Aruldass For Respondents : Mr.A.Kumar Additional Advocate General assisted by Mr.E.Balamurugan Special Government Pleader

O R D E R

The prayer sought for in this writ petition is for a mandamus, directing the seventh respondent to implement G.O.Ms.No.1019, dated 20.09.1979 based on the proceedings of the 2nd respondent in Na.Ka.No.21127/T1/2017, dated 21.05.2018 and for consequential relief.

2. The learned counsel for the petitioner submitted that the petitioner has submitted a representation dated 28.03.2018 to the seventh respondent to implement the proceedings of the 2nd respondent dated 21.05.2018 and to acquire the property in T.S.No.130/2, measuring to an extent of 3.16 acres at Chidambaram Town, Ward No.2 and allot house sites for the fishermen. Finding no reponse on their representation, the petitioner is before this Court.

3. The learned Additional Advocate General appearing for the respondents, on instructions, submitted that the seventh respondent would consider the representation of the petitioner on merits and in accordance with law.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the seventh respondent to consider the representation of the petitioner dated 28.03.2018 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as all the interested parties, within a period of twelve weeks, from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

ms To 1.The Commissioner of Fisheries, Integrated Office Complex (3rd Floor), 571, Anna Salai, Nandanam, Chennai - 600 035.