Madras High CourtWP/4410/2021closed

Sampangi v. The District Collector,

2023-11-06Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.11.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP Nos.8342, 5009 & 5012 of 2021 Sampangi ... Petitioner Vs

1. The District Collector, Vellore District, Vellore.

2. The Executive Engineer, Water Resources Development, Melpalaru,

3. The Asst. Executive Engineer, Water Resources Development, (Subdivision) Melpalaru,

4. The Asst. Engineer, WRD, Irrigation division, Vellore

5. The Tahsildar, Appukal Road, Anaicut Taluk & Post, Vellore District, Vellore - 632 101.

6. The Block Development Officer, (Rural) Anaicut Taluk, Vellore District.

1 / 4

7. The Village Administrative Officer, Univaniymbadi Panchayath & Post, Anaicut Vellore, District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus calling for records relating to impugned public auction notice dated 15.02.2021 in letter No.Ko.39/2021/Asst.Eng Vellore/dated 15.2.2021 on 23.2.2021 from the file of 4th respondent and quash the same and consequently direct the 7th respondent to permit the petitioner to collect reasonable revenue charges for fishery right in respect of Peria Eri, Unaivaniyambadi Village and Panchayath, Anaicut Taluk, Vellore District. For Petitioner : Ms.R.T.Sundari For Respondents : Mr.U.M.Ravichandran Special Government Pleader

O R D E R

This Writ Petition has been filed challenging a public auction notice dated 15.02.2021 issued by the 4th respondent. A consequential direction is also sought to the respondents to permit the petitioner to collect reasonable revenue charges for fishery rights in respect of Peria Eri, Unaivaniyambadi Village and Panchayath, Anaicut Taluk, Vellore District.

2. Had the petitioner been successful in auction, the term of fishery right is for a period of one year. Hence, and as fairly put forth by the learned counsel for 2 / 4

the petitioner, nothing survives either in the main Writ Petition, which is directed to be listed and is so listed under a special list, or in the Miscellaneous Petition listed today.

3. Incidentally, the petitioner claims certain rights by virtue of fishery patta issued on 15.09.1916 by the Settlement Officer. The present procedure followed is for auctioning of the fishing rights. If at all the petitioner believes that he has any right over and above the public rights, that are to be granted by way of auction, it is for him to raise such a point in a timely fashion and not after the tenure of auction itself is over.

4. Both the Writ Petition as well as all connected Miscellaneous Petitions are closed as infructuous. No costs.

06.11.2023 sl Index : Yes / No Speaking Order:Yes To

1. The District Collector, Vellore District, Vellore.

2. The Executive Engineer, Water Resources Development, Melpalaru, 3 / 4

DR.ANITA SUMANTH, J.