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Madras High CourtWP/4367/2021dismissed

S.Mallika v. The Principal Secretary To Government

2024-06-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4637 of 2021 and WMP.Nos.4964 of 2021 & 19321 of 2022 S.Mallika

...Petitioner

Vs.

1.The Principal Secretary to Government, State of Tamilnadu, Department of Rural Development and Panchayat Raj, Secretariat, Fort St.George, Chennai 600 009 2.The Commissioner of Fisheries, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai 600 035 3.The District Collector, Namakkal District, Namakkal 4.The Assistant Director of Fisheries, Mettur Dam, Salem District 5.The Executive Engineer, Public Works Department, W.R.O., Sarabanga Division, 6.The Assistant Executive Engineer, Public Works Department, W.R.O., Sarabanga Division, 1/4

7.The President, Thottiyapatti Village Panchayat, Vennanthur Union, Rasipuram Taluk, 8.Periyasamy ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus call for the records pertaining to the proceedings of the 3rd respondent in Na.Ka. 16515 / 2020/ 02 dated 13.10.2020 and the consequential order of the 6th respondent vide his proceedings in Letter No. / Ko15 / 2021/ EVA dated 27.01.2021 and quash the same as illegal, incompetent and ultravires and consequently direct the 3rd respondent to assign the fishing rights in Semur lake Akkaraipatti Village Vennanthur Union, Rasipuram Taluk, Namakkal District to Akkaraipatti Village Panchayat. For Petitioner : Mr.R.Jayaprakash For Respondents For R1 to 6 : Mr.P.Muthukumar, Additional Advocate General Assisted by Mr.T.Venkatesh Kumar, Special Government Pleader For R7 : Mr.S.Senthil

ORDER

This writ petition has been filed challenging the proceedings of the 3rd respondent in Na.Ka. 16515 / 2020/ 02 dated 13.10.2020 and 2/4

the consequential order of the 6th respondent vide his proceedings in Letter No. / Ko15 / 2021/ EVA dated 27.01.2021. 2.

It is seen that the period of lease itself expired on 30.06.2021. Therefore, the prayer sought for in this writ petition has become infructuous. However, the villagers as well as the private respondent are at liberty to participate in the tender to be floated by the authorities concerned for fishing rights in Semur lake, Akkaraipatti Village, Vennanthur Union, Rasipuram Taluk, Namakkal District, in future.

3.

With the above observation, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

12.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Principal Secretary to Government, State of Tamilnadu, Department of Rural Development and Panchayat Raj, Secretariat, Fort St.George, Chennai 600 009 2.The Commissioner of Fisheries, 3rd Floor, Integrated Animal Husbandry and Fisheries Building, Nandanam, Chennai 600 035 3.The District Collector, Namakkal District, Namakkal 4.The Assistant Director of Fisheries, Mettur Dam, Salem District 5.The Executive Engineer, Public Works Department, W.R.O., Sarabanga Division, 6.The Assistant Executive Engineer, Public Works Department, W.R.O., Sarabanga Division, 7.The President, Thottiyapatti Village Panchayat, Vennanthur Union, Rasipuram Taluk, 12.06.2024 4/4