Thottiapatti Harijana Meenavar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.32426 of 2017 & W.M.P.No.35714 of 2017 Thottiapatti Harijana Meenavar Sangam, Registration No.133/2017, Rep. by its President, M.Murugesan, No.3/156, Arunthathiar Post, Thottiapatti Post, Via Vaiyappamalai, Rasipuram Taluk, Namakkal District - 637 410.
.. Petitioner Vs.
1.The District Collector, Office of the District Collector, Namakkal District, 2.The Executive Engineer, Public Works Department, 3.The Assistant Executive Engineer, Public Works Department, Rasipuram, Namakkal, Namakkal District.
4.The Assistant Engineer, Public Works Department, Rasipuram, Namakkal.
.. Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to grant leasehold right for rearing fish in Semur Periya Eri situated in Survey No.215 of Akkaraipatti Village, Thottiapatti Panchayat Union, Rasipuram Taluk, Namakkal District, in favour of the petitioner society in the light of G.O.Ms.No.332 dated 17.11.1993 of Animal Husbandry and Fisheries (FS IV) Department read with Order 211 of Revenue Standing Order by considering the representation of the petitioner society dated 26.10.2017.
For Petitioner : Mr.S.Senthil For Respondents : Mr.S.Diwakar Special Government Pleader
O R D E R
The petitioner has come up with the Writ Petition for the issuance of writ of mandamus directing the respondents to grant leasehold right for rearing fish in Semur Periya Eri situated in Survey No.215 of Akkaraipatti Village, Thottiapatti Panchayat Union, Rasipuram Taluk, Namakkal District, in favour of the petitioner-Society in the light of G.O.Ms.No.332 dated 17.11.1993 of Animal Husbandry and Fisheries (FS IV) Department read with Order 211 of Revenue Standing Order by considering the representation of the petitioner-Society dated 26.10.2017.
2. Heard Mr.S.Senthil, learned counsel appearing for the petitioner and Mr.S.Diwakar, learned Special Government Pleader appearing for the respondents and perused the record.
3. Mr.S.Diwakar, learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner-Society dated 26.10.2017 was already rejected by the Assistant Executive Engineer by an order dated 04.12.2017 which was also communicated to the petitioner. The learned Government Advocate has also produced a copy of the order dated 04.12.2017.
4. In the light of the above fact, this Writ Petition is dismissed as infructuous with liberty to the petitioner to challenge the said order dated 14.12.2017 in the manner known to law. There is no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rns To 1.The District Collector, Office of the District Collector, Namakkal District,
2.The Executive Engineer, Public Works Department, 3.The Assistant Executive Engineer, Public Works Department, Rasipuram, Namakkal, Namakkal District.
4.The Assistant Engineer, Public Works Department, Rasipuram, Namakkal.
+1 cc to the Govt Pleader sr 680 W.P.No.32426 of 2017 & W.M.P.No.35714 of 2017 aa22/01/2018